Johnson on behalf of the Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2003] FCA 981

FEDERAL COURT OF AUSTRALIA

Johnson on behalf of the Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2003] FCA 981 JOHNSON & ORS ON BEHALF OF THE BARKANDJI (PAAKANTYI) PEOPLE v MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES & ORS NG 6075 OF 1998 THOMAS & ORS ON BEHALF OF THE BARKANDJI (PAAKANTYI) PEOPLE v MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES & ORS NG 6082 OF 1998 STONE J 17 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 6075 OF 1998

BETWEEN: NOEL JOHNSON & ORS

APPLICANTS

AND: MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES & ORS

RESPONDENTS

NG 6082 OF 1998 BETWEEN: PEGGY THOMAS & ORS

APPLICANTS

AND: MINISTER FOR LAND AND WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES & ORS

RESPONDENTS

JUDGE: STONE J

DATE OF ORDER: 12 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicants, in writing, jointly nominate a legally qualified representative to represent them in the proceedings by filing the appropriate Court document in the Federal Court Registry by no later than 1 October 2003. 2. The applicants, the State of New South Wales and New South Wales Native Title Services Limited, in conjunction and consultation with the National Native Title Tribunal, prepare a program for the negotiation and mediation of the application over a period of 12 months commencing 30 October 2003. The program is to set out: i. A timetable for the exchange of information between the parties where this has not occurred; ii. specific issues to be negotiated; iii. a detailed timetable including proposed meeting dates and venues; and iv. an outline of the negotiation protocol to be adopted by the parties. 3. A copy of the program is to be lodged with the Court by 30 October 2003 by the National Native Title Tribunal. 4. A copy of the program is to be made available to any party on request to the National Native Title Tribunal. 5. In the event that either: i. No such program can be agreed by 30 October 2003; or ii. no nomination is received pursuant to Order 1 by 1 October 2003; the applicants and other interested parties are required to show cause at the next directions hearing why the application should not be dismissed. 6. There be liberty to apply. 7. To the extent that it has not been dealt with today the notice of motion is adjourned for hearing at 10.15 am on 2 December 2003. 8. Any party who wishes to place any material before the Court in relation to the notice of motion is to file and serve any such material by 13 November 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.