Queensland v Congoo

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, KIEFEL, BELL, GAGELER AND KEANE JJSTATE OF QUEENSLAND  APPELLANTANDTOM CONGOO & ORS  RESPONDENTSQueensland v Congoo[2015] HCA 1713 May 2015B39/2014ORDERAppeal dismissed with costs. On appeal from the Federal Court of AustraliaRepresentationS E Brown QC with G J D del Villar for the appellant (instructed by Crown Law Brisbane)S A Glacken QC with P D Herzfeld for the first respondents (instructed by North Queensland Land Council)J T Gleeson SC, Solicitor-General of the Commonwealth and S B Lloyd SC with C J Klease for the second respondent (instructed by Australian Government Solicitor)No appearance for the third respondentSubmitting appearance for the fourth to twenty-first respondentsNo appearance for the twenty-second and twenty-third respondentsNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSQueensland v CongooNative title – Native title rights in relation to land – National Security Act 1939 (Cth), s 5(1)(b)(i) provided for making of regulations for securing public safety and defence of Commonwealth and for authorising taking of possession or control, on behalf of Commonwealth, of any property – National Security (General) Regulations 1939 (Cth), reg 54(1) provided that if it appeared to Minister of State for Army to be necessary or expedient to do so in interests of public safety, defence of Commonwealth or efficient prosecution of war, or for maintaining supplies and services essential to life of Commonwealth, Minister could, on behalf of Commonwealth, take possession of any land and give such directions as appeared...