Dingaal Tribe v State of Queensland and Ors [2003] FCA 999

FEDERAL COURT OF AUSTRALIA

Dingaal Tribe v State of Queensland and Ors [2003] FCA 999 DINGAAL TRIBE v STATE OF QUEENSLAND AND OTHERS QG 6004 OF 1998 COOPER J CAIRNS 17 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG6004 OF 1998

BETWEEN: DINGAAL TRIBE

APPLICANT

AND: STATE OF QUEENSLAND AND OTHERS

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 17 SEPTEMBER 2003

WHERE MADE: CAIRNS

THE COURT ORDERS THAT: 1. Pursuant to s 66B of the Native Title Act 1993 (Cth), Gary Yoren, Ned Yoren and Elaine Baru replace Gordon Charlie and Jonathon Charlie as the applicants in native title determination application QG6004 of 1998. 2. Pursuant to s 64 of the Native Title Act 1993 (Cth), O 78 r 7 and O 13 r 2 of the Federal Court Rules, Gary Yoren, Ned Yoren and Elaine Baru be given leave to amend the native title claimant application in the form exhibited to the Court. 3. Within fourteen days Cape York Land Council Aboriginal Corporation file at the Federal Court Registry a notice of change of address for service and contact details on behalf of the new applicants in the determination application as provided for in O 78 r 41 of the Federal Court Rules. 4. Within fourteen days Gordon Charlie and Jonathon Charlie and any other person assisting them with native title determination application QG6004 of 1998 provide the files and documents in relation to the determination application to Cape York Land Council Aboriginal Corporation. 5. The notice of motion filed 9 July 2003 by Peter Gore and Associates on behalf of a number of persons seeking to be joined as parties to QG6004 of 1998 be stood over for further directions to the date given in O 6. 6. The applicants file and serve an Action Implementation Plan addressing each of the matters specified in the pro forma document made available to the applicants today, by 30 November 2003. 7. That the matter be adjourned for further directions to 9.00 am on 28 April 2004 at Cairns. 8. The parties have liberty to apply on seven clear days notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.