Gagudju Association v Northern Land Council [1995] FCA 304

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No VG 417 of 1994 GAGUDJU ASSOCIATION Applicant -and-

NORTHERN LAND COUNCIL Respondent

Coram: Olney J Place: Melbourne Date: 10 May 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. Paragraphs 3 and 4 of the application be dismissed. 2. The question of costs be reserved. 3. The directions hearing be adjourned to 23 June 1995. AND DIRECTS THAT: a) the applicant have leave within 14 days to file and serve a written submission on the question of costs; and b) the respondent have leave within 10 days from the receipt of the applicant's submission to file and serve a submission in reply.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No VG 417 of 1994 GAGUDJU ASSOCIATION Applicant -and-

NORTHERN LAND COUNCIL Respondent

Coram: Olney J Place: Melbourne Date: 10 May 1995

SUPPLEMENTARY REASONS FOR JUDGMENT These reasons are supplementary to reasons for judgment (the original reasons) published in this matter on 13 April 1995. No orders were made on the occasion of the publication of the original reasons although I did state my opinion that paragraphs 1, 2 and 4 of the application should be dismissed and certain paragraphs of the statement of claim should be struck out. In order to provide the parties with the opportunity to be heard in relation to the final form of the orders to be made the matter was adjourned to 21 April 1995. When the matter came before me on 21 April 1995 my attention was drawn to a factual error I had made which affected my reasoning and conclusion in respect of my decision to dismiss paragraph 4 of the application. In the circumstances I indicated that I would make no order in relation to paragraph 4 but would reserve that matter for further consideration, a course which both parties agreed was appropriate. The parties also agreed that subject to the filing of further short evidence (as to which there would be no contest) I should proceed to deal with paragraphs 3 and 4 of the application and the basis of a final trial of the issues raised therein. The further evidence has now been filed. THE RELIEF SOUGHT In paragraphs 3 and 4 of the application the applicant seeks 3. A declaration that the respondent is not entitled to refuse to pay moneys payable to the applicant pursuant to section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). 4. An injunction restraining the respondent from failing to pay to the applicant moneys payable to it under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).