Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229

FEDERAL COURT OF AUSTRALIA

Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229 NATIVE TITLE – consent determination – where proceeding split to into "part A" and "part B" land – whether all parties must reach agreement or only parties with interest in relevant part of land – whether appropriate to split proceeding – Court's discretion making order under s 87 – relevant factors Court must take into account when determining whether Court is satisfied it is appropriate to make orders sought ROBERT JOHN MUNN FOR AND ON BEHALF OF THE GUNGGARI PEOPLE v STATE OF QUEENSLAND & ORS QG 6019 OF 1998 EMMETT J 23 AUGUST 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY QG6019 OF 1998

BETWEEN: GUNGGARI PEOPLE

APPLICANT

AND: STATE OF QUEENSLAND

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 23 AUGUST 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to the applicant to amend the application to reduce the area of land or waters covered by the application to the land and waters described as "the Part A land" in the orders made on 27 March 2001. 2. The respondent parties, other than the State of Queensland and Telstra Corporation Limited, cease to be a party to the proceeding. 3. The applicant file an amended application in conformity with Order 78 Rule 7 by 7 September 2001. 4. The applicant file any agreement in terms of s 87(1)(a) of the Native Title Act 1993 and the terms of any proposed determination by 7 September 2001. 5. The proceeding be listed for further directions on 14 September 2001 at 9.30am.

THE COURT NOTES THAT: 6. The parties have agreed that neither the order giving effect to a consent determination nor any finding of fact or conclusion in law implicit in making the consent determination has any effect on any assertions, or responses thereto, made in any other application for native title brought by the Gunggari People. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.