Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC v Queensland

The High Court will hear a special case on whether the North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 (Qld) is inconsistent with the Native Title Act 1993 (Cth) contrary to s 109 of the Constitution. The State law purports to allow several mining lease holders to apply for renewals that the plaintiffs contend are inconsistent with the Indigenous Land Use Agreement concluded between the plaintiffs and the State (question 2), and with the native title rights and interests held by the plaintiffs (question 4). As a threshold issue for both of these arguments, the plaintiffs seek to argue that s 109 applies to inconsistencies between a) State laws and registered Indigenous Land Use Agreements (question 1) and b) State laws and native title determinations by the Federal Court (question 3).

High Court Judgment
High Court Documents Quandamooka
Full Court Hearing
Directions Hearings [2014] HCATrans 268  28 November 2014
[2014] HCATrans 183 19 August 2014
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About Martin Clark

Martin Clark is a PhD Candidate and Judge Dame Rosalyn Higgins Scholar at the London School of Economics and Political Science and Research Fellow at Melbourne Law School. He holds honours degrees in law, history and philosophy from the University of Melbourne, and an MPhil in Law from MLS. While at MLS, he worked as a researcher for several senior faculty members, was a 2012 Editor of the Melbourne Journal of International Law, tutor at MLS and various colleges, a Jessie Legatt Scholar, and attended the Center for Transnational Legal Studies Program.