Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jones v State of Queensland [FCA] 2001 756
JOHN DALUNGDALEE JONES AS ELDEST OF THE DALUNGBARA PEOPLE AND REPRESENTATIVE OF THE NGULUNGBARA PEOPLE OF FRASER ISLAND, QUEENSLAND v STATE OF QUEENSLAND Q 89 OF 2001 DRUMMOND J 15 JUNE 2001 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 89 OF 2001
BETWEEN: JOHN DALUNGDALEE JONES AS ELDEST OF THE DALUNGBARA PEOPLE AND REPRESENTATIVE OF THE NGULUNGBARA PEOPLE OF FRASER ISLAND, QUEENSLAND
APPLICANT
AND: STATE OF QUEENSLAND
RESPONDENT
JUDGE: DRUMMOND J
DATE OF ORDER: 15 JUNE 2001
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The notice of motion be dismissed.
2. The costs of and incidental to the present application be reserved.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 89 OF 2001
BETWEEN: JOHN DALUNGDALEE JONES AS ELDEST OF THE DALUNGBARA PEOPLE AND REPRESENTATIVE OF THE NGULUNGBARA PEOPLE OF FRASER ISLAND, QUEENSLAND
APPLICANT
AND: STATE OF QUEENSLAND
RESPONDENT
JUDGE: DRUMMOND J
DATE: 15 JUNE 2001
PLACE: BRISBANE
REASONS FOR JUDGMENT
1 Mr Jones renews the application for an interlocutory injunction to stop the killing of dingoes on Fraser Island that he and another first brought before the Court on 4 May last. On that occasion, Dowsett J refused to grant relief. The position then was that, in the immediate wake of a fatal attack by a dingo on a child on the island, the State Government implemented a culling program designed to destroy dingoes that were identified as habituated to human contact, whether or not they also exhibited signs of aggressiveness towards humans. 2 There has long been in place a procedure on Fraser Island for destroying dingoes that behave aggressively towards humans. Recently, in a government press release, the State Environment Minister was quoted as saying that the culling of aggressive dingoes has been a standard operational procedure for some years and would continue in conjunction with what he described as the new practice of repelling dingoes adopted after the fatal attack. So far as this particular longstanding procedure is concerned, Mr Jones himself accepts that it is appropriate, saying:
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