Walker v State of Queensland [2004] FCA 640

FEDERAL COURT OF AUSTRALIA

Walker v State of Queensland [2004] FCA 640 EILEEN WALKER AND ORS v STATE OF QUEENSLAND AND ORS QG 6008 of 1998 ALLSOP J 17 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6008 of 1998

BETWEEN: IN THE MATTER OF EILEEN WALKER, AGNES WALKER, JOHN WALKER JNR, HAZEL DOUGLAS AND PETER FISCHER ON THEIR OWN BEHALF AND ON BEHALF OF THE EASTERN KU – KU YALANJI PEOPLE

APPLICANT

AND: STATE OF QUEENSLAND

FIRST RESPONDENT

COOK SHIRE COUNCIL

SECOND RESPONDENT

DOUGLAS SHIRE COUNCIL

THIRD RESPONDENT

WUJAL WUJAL COMMUNITY

FOURTH RESPONDENT

ERGON ENERGY CORPORATION LIMITED

FIFTH RESPONDENT

TELSTRA CORPORATION LIMITED

SIXTH RESPONDENT

RUSSELL DAVID O'DOHERTY

SEVENTH RESPONDENT

ODETTE CATHERIN PHILLPOT

EIGHTH RESPONDENT

ARNFRIED BRENDECKE

NINTH RESPONDENT

VERNON JOHN GOODYEAR

TENTH RESPONDENT

TERRY ANN ROGERS

ELEVENTH RESPONDENT

KEVIN JOHN BRANDT

TWELFTH RESPONDENT

ROBERT ALFRED HARLOW

THIRTEENTH RESPONDENT

ANDREW ALAN MARSHALL

FOURTEENTH RESPONDENT

RODERICK WILLIAM MCLEAN

FIFTEENTH RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 17 MAY 2004

WHERE MADE: CAIRNS

THE COURT ORDERS THAT: (1) Leave be granted to the applicant to amend the Native Title Determination Application in the form exhibited to the affidavit of Marita Louise Stinton, sworn and filed 24 March 2004. (2) Leave be granted to the applicant to file a settled clear version of the Amended Application with the Federal Court Registry. (3) Such an amended application and such a clear version of the amended application not be filed before 1 June 2004. (4) The disposition of order 2 in the notice of motion filed on 24 March 2004 be stood over and order: (a) that Messrs Brandt, Harlow, Marshall and McLean file and serve within 28 days any further affidavits and submissions directed to the remaining parties and the interests they say support that position. (b) That within 14 days thereafter the applicant file and serve any affidavits and submissions on that issue; The Court notes the undertakings of the persons identified as the Applicant given through their counsel that should a future Native Title Determination Application be filed on behalf of the Yalanji people over the areas presently subject to the interests of Messrs Brandt, Marshall, McLean and Harlow, where any of those persons remain as holders of an interest in those areas, then the costs of the present proceedings incurred by any of Messrs Brandt, Marshall, McLean and Harlow who remain may be recoverable from the Native Title applicant; and (5) The question of costs be reserved; and (6) Liberty be granted to Messrs Brandt, Marshall, McLean and Harlow and the Commonwealth of Australia, through the Attorney-General or otherwise, to re-list this matter and argue that the costs of Messrs Brandt, Marshall, McLean and Harlow to date or some of them should be paid by the applicant or others should any further claim be made for Native Title over the leasehold areas held by Messrs Brandt, Marshall, McLean and Harlow. (7) The Burungu Aboriginal Corporation be joined as a party to the determination application. (8) Leave be granted to the Cook and Douglas Shire Councils to withdraw the notice of motion filed by them on 4 May 2004. (9) Save for those orders made, the notice of motion of the applicant dated and filed 24 March 2004 be dismissed. (10) The matter be stood over for directions by video-link to Friday, 9 July 2004 at 10.15am. (11) Liberty to apply on two days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.