Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wiri People # 2 v State of Queensland [2006] FCAFC 158
WIRI PEOPLE # 2 v STATE OF QUEENSLAND QUD 270 OF 2006 QUD 271 OF 2006
STONE, ALLSOP AND GREENWOOD JJ
10 NOVEMBER 2006
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 270 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WIRI PEOPLE # 2
Appellant
AND: STATE OF QUEENSLAND
Respondent
JUDGES: STONE, ALLSOP AND GREENWOOD JJ DATE OF ORDER: 7 NOVEMBER 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application be dismissed.
2. There be no order as to costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 271 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WIRI PEOPLE # 2
Appellant
AND: STATE OF QUEENSLAND
Respondent
JUDGES: STONE, ALLSOP AND GREENWOOD JJ DATE OF ORDER: 7 NOVEMBER 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. Order 3 made by the Court on 19 June 2006 be set aside and in lieu thereof:
(a) Order that the Appellants be given leave to file in court today an amended application.
(b) Order that the Appellants file and serve within 21 days an affidavit setting out the basis upon which the amended application filed today has been authorised including, notice given of the authorisation meeting, attendance record and minutes and resolutions.
(c) Order that the Appellants file and serve within 21 days an affidavit by an applicant to the effect that the claim group comprises all of those who, to his or her best knowledge, information and belief are the native title holders.
3. In default of compliance with orders 2(b) or 2(c) above, the Appellants show cause why the application should not be dismissed.
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