Ankamuthi People v State of Queensland [2002] FCA 897

FEDERAL COURT OF AUSTRALIA

Ankamuthi People v State of Queensland [2002] FCA 897

NATIVE TITLE – practice and procedure – notice of change of solicitor filed without the authority of the applicants – whether notice of change of solicitor and notice of discontinuance have any effect

Native Title Act 1993 (Cth) ss 61, 62A, 66B Federal Court Rules O 22 r 2(2) ANKAMUTHI PEOPLE (LARRY WOOSUP) v STATE OF QUEENSLAND AND OTHERS QG 6158 OF 1998 DRUMMOND J 17 JULY 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6158 OF 1998

BETWEEN: ANKAMUTHI PEOPLE (LARRY WOOSUP)

APPLICANT

AND: STATE OF QUEENSLAND AND OTHERS

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 17 JULY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The Registrar remove the notice of change of solicitors and the notice of discontinuance of application for determination of native title QG 6158 of 1998 from the Court file and return those documents to the Cape York Land Council Aboriginal Corporation.

THE COURT DECLARES THAT:

2. The notice of change of solicitors and the notice of discontinuance of application QG 6158 of 1998 were filed without the authority of the applicants and are void and of no effect.

3. Terry Fisher & Co remains and has never ceased to be the solicitors on the record for the applicants.

4. Application QG 6158 of 1998 has been and has not ceased to be since the date upon which it was filed an application made to and pending determination in this Court.

THE COURT DIRECTS THAT:

5. The Registrar of the National Native Title Tribunal is not to remove application QG 6158 of 1998 from the Register of Native Title Applications on the basis of the notice of discontinuance filed on 14 March 2002.

THE COURT FURTHER ORDERS THAT:

6. The Cape York Land Council Aboriginal Corporation pay the costs, including reserved costs, of the applicants on the present notice of motion, to be taxed on an indemnity basis, ie, to be taxed to the intent that the applicants on the motion will recover all their costs of and incidental to the motion, save such costs, if any, as may have been unreasonably incurred.