Sainty, R. & Anor v Allen, J. & Ors [1995] FCA 599

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No VG 643 of 1995

BETWEEN: ROY SAINTY First Applicant THE TASMANIAN ABORIGINAL LAND COUNCIL ABORIGINAL CORPORATION Second Applicant -and- JIM ALLEN First Respondent -and- TIM MURRAY Second Respondent -and- LATROBE UNIVERSITY Third Respondent Coram: Olney J Place: Melbourne Date: 28 July 1995 MINUTE OF ORDERS The applicants by their counsel having undertaken: a) to pay to any party adversely affected by this order such compensation (if any) as the Court thinks just, in such manner as the Court directs, and b) to take all reasonable steps to ensure that the items delivered pursuant to this order are delivered to and securely retained at the Museum of Victoria in accordance with this order THE COURT ORDERS THAT: 1. Paragraph 2 of the order of 5 July 1995 be discharged. 2. On or before Monday 31 July 1995 at a time and place to be notified by the solicitors acting for the second and third respondents to the solicitor acting for the applicants the respondents cause to be delivered into the possession of the second applicant the artefacts, relics and other material obtained by them or which came into and are in their possession by reason of Permits No 88/04, 90/5, 90/17, 90/18, and 91/12 issued pursuant to the Aboriginal Relics Act 1975 (Tasmania) (the delivered items) to enable the transportation and holding in safe keeping of the delivered items at the Museum of Victoria, Swanston Street, Melbourne. 3. The delivered items be transported forthwith upon receipt thereof by the person or persons authorised to receive the same to the Museum of Victoria and there be held in safe keeping under the care of Gaye Sculthorpe until further order. 4. A copy of this order be served on the said Gaye Sculthorpe at the time of the delivery to her of the delivered items. 5. Unless and until the first respondent shall enter an appearance, service of the application and any other process in this proceeding on the University Solicitor of Latrobe University shall be deemed to be good service on the first respondent.