Quall v Risk [2001] FCA 378

FEDERAL COURT OF AUSTRALIA

Quall v Risk [2001] FCA 378 PRACTICE AND PROCEDURE: Native Title application – application for summary dismissal - failure of applicant to identify native title claim group – long history of failures to make identification – application granted NATIVE TITLE – application for summary dismissal Lands Acquisition Act ss 32(1)(b)(iii), 44(1), 144(3) Administrative Decisions Judicial Review Act 1977 (Cth) s 16 Native Title Amendment Act 1998 (Cth) ss 61(1), 61(4), 190A, 190B, 190C Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Federal Court Rules O 10 r 2, O 10 r 7(1)(a) Moran v Minister for Land and Water Conservation for NSW [1999] FCA 1637 discussed Walton v Gardiner (1993) 177 CLR 378 discussed Dey v Victorian Railways Commissioners (1949) 78 CLR 62 cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 cited State of Queensland v J L Holdings Pty Ltd (1996) 189 CLR 146 applied Cropper v Smith (1884) 26 Ch D 700 discussed Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 98 ALR 200 cited KEVIN LANCE (TIBBY) QUALL v WILLIAM MAXWELL RISK AND NORTHERN TERRITORY OF AUSTRALIA NO DG 6044 of 1998 O'LOUGHLIN J SYDNEY (heard in Darwin) 6 APRIL 2001

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY DG 6044 OF 1998

BETWEEN: KEVIN LANCE (TIBBY) QUALL

APPLICANT

AND: WILLIAM MAXWELL RISK

FIRST RESPONDENT

NORTHERN TERRITORY OF AUSTRALIA

SECOND RESPONDENT JUDGE: O'LOUGHLIN J

DATE OF ORDER: 6 APRIL 2001

WHERE MADE: SYDNEY (heard in DARWIN)

THE COURT ORDERS THAT: 1. The applicant's application for a determination of native title be dismissed. 2. That the question of costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.