Gagudju Association v Northern Land Council [1995] FCA 305

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: 21 April 1995

MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The claims for relief in paragraphs 1 and 2 of the application be dismissed. 2. Paragraphs 14 to 19 (inclusive), 21 and 22(a) of the statement of claim be struck out. 3. The matter otherwise stand adjourned for further consideration. 4. Costs reserved. 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: 13 April 1995 REASONS FOR JUDGMENT THE PROCEEDING This proceeding was commenced on 25 November 1994 when the applicant filed an application claiming: 1. A declaration that the respondent does not have the consent of the traditional Aboriginal owners and any other Aboriginals interested in the land the subject of proceedings No VG 464 of 1987, as required by the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), to take any further steps in the said proceedings. 2. An injunction restraining the respondent, by itself, its servants or agents or however otherwise, from continuing to prosecute the said proceedings or doing or taking any action or steps in or concerning the said proceedings without first complying with section 23(3) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). 3. A declaration that the respondent is not entitled to refuse to pay the 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). 5. Such further or other orders, relief or directions as the Court seems meet.