Quandamooka People #1 v State of Queensland [2002] FCA 259

FEDERAL COURT OF AUSTRALIA

Quandamooka People #1 v State of Queensland [2002] FCA 259

NATIVE TITLE - application for costs - notice of motion to replace applicant in claimant application under s 66B the Native Title Act 1993 (Cth) - whether party moving by notice of motion, who had previously brought a similar claim and withdrawn it, had behaved unreasonably under s 85A(2)

Native Title Act 1993 (Cth), ss 66B, 85A and 251B

Moran v Minister for Land & Water Conservation [1999] FCA 1637 considered Johnson v Lawson [2001] FCA 894, Ridgeway v Bissett-Ridgeway [2001] FCA 848 considered Risk v National Native Title Tribunal [2000] FCA 1589 considered QUANDAMOOKA PEOPLE #1 v STATE OF QUEENSLAND & OTHERS QG 6010 OF 1998 QUANDAMOOKA PEOPLE #2 v STATE OF QUEENSLAND & OTHERS Q 6024 of 1999

DRUMMOND J 6 MARCH 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6010 OF 1998

BETWEEN: QUANDAMOOKA PEOPLE #1

APPLICANT

AND: STATE OF QUEENSLAND & OTHERS

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 6 MARCH 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Mr Delaney pay Mr Ruska's costs of and incidental to Mr Delaney's notice of motion filed on 6 December 2001, including reserved costs, to be taxed.

2. Mr Delaney pay Mr Ruska's costs of and incidental to Mr Ruska's notice of motion filed on 22 January 2002, including reserved costs, to be taxed.

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 6024 OF 1999

BETWEEN: QUANDAMOOKA PEOPLE #2

APPLICANT

AND: STATE OF QUEENSLAND & OTHERS

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 6 MARCH 2002