Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Button v Chapman on behalf of the Wakka Wakka People [2003] FCA 861
Statutes Native Title Act 1993 (Cth) ss 61(2)(a) and (c) 62 and 66B Federal Court Rules O 6, O 20 r 2(1)(c) Cases Walton v Gardiner (1993) 177 CLR 378
BUTTON V OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY JNR AND KEVIN DOOLON ('WAKKA WAKKA PEOPLE #2') AND
THE STATE OF QUEENSLAND AND OTHERS Q6032 of 1999 KIEFEL J BRISBANE 20 AUGUST 2003
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q6032 OF 1999
BETWEEN: BURT BUTTON
APPLICANT
AND: OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY JNR AND KEVIN DOOLON ('WAKKA WAKKA PEOPLE #2')
AND
THE STATE OF QUEENSLAND AND OTHERS
RESPONDENTS
JUDGE: KIEFEL J
DATE OF ORDER: 20 AUGUST 2003
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The motion to strike out the application for native title determination is dismissed. THE COURT DIRECTS THAT: 2. The applicants other than Mr S J Murray Jnr, Mr G Bone and Mr R Little, confer within two (2) months as to: (a) whether they intend to apply to the Court to remove those three persons as applicants; and (b) whether they propose continuing with the application in its present form. 3. Any application to remove applicants is to be filed by 14 November 2003 and forthwith served upon the three applicants referred to in direction 2. 4. If no application is filed by that date, the application is to be listed for directions on 12 December 2003. 5. A copy of this order and the reasons be served on the three applicants, referred to in direction 2. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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