Wotjobaluk People v State of Victoria [1999] FCA 961

FEDERAL COURT OF AUSTRALIA

Wotjobaluk People v State of Victoria [1999] FCA 961

WOTJOBALUK PEOPLE & ORS v STATE OF VICTORIA & ORS VG 6002 OF 1998 NORTH J 30 JUNE 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 6002 OF 1998

BETWEEN: WOTJOBALUK PEOPLE & ORS

Applicants

AND: STATE OF VICTORIA & ORS

Respondents

JUDGE: NORTH J

DATE OF ORDER: 30 JUNE 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application by the State of Victoria for orders that the applicants file and serve contentions of fact and law prior to the commencement of mediation is dismissed. 2. The application by the State of Victoria for access to the affidavit and other material referred to in Schedules F and M of the application is dismissed. 3. The applications for party status of TH Berkin, Robin Borrett, Brendan John Cranage, Ian GS Elder, Goldminco NL, Lisa and Robert Matthews, Mining Project Investors Pty Ltd, Dennis and Gerda Ross, and Eddie and Liz Saathoff are rejected. 4. The application by Graeme Arthur Ellen and Kay Dianne Ellen commenced by Notice of Motion filed on 28 June 1999 for leave to be joined as a party granted. 5. Liberty to the State of Victoria to file and serve written submissions concerning the grouping procedure for processing applications for party status by 14 July 1999, and liberty to other parties to supply written replies by 21 July 1999. 6. In relation to the Notice of Motion filed by the Ralston interest, filed on 28 June 1999 seeking party status: (a) the Ralston interest shall by 5 July 1999 file and serve facts and law and any other material that they will rely on; (b) other parties by 7 July 1999 file and serve any material in response; and (c) the hearing of the motion is fixed for 10.15 am on 9 July 1999. 7. This matter is adjourned until 2.15 pm on 6 October 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.