Kullilli People # 2 and Kullilli People # 3 v State of Queensland [2007] FCA 512

FEDERAL COURT OF AUSTRALIA

Kullilli People # 2 and Kullilli People # 3 v State of Queensland[2007] FCA 512

NATIVE TITLE – Native Title Determination application – Native Title Act 1993 (Cth), s 61 – authority to make application – persons "jointly" comprising the applicant – agreement of all persons comprising the applicant. PRACTICE AND PROCEDURE – reinstatement application – original dismissal final – discretion to set aside interlocutory judgment in exceptional circumstances – realistic attempt to comply with previous order – Federal Court Rules, O 35 r 7(2). Native Title Act 1993 (Cth), s 61(2)(c) Federal Court Rules, O 35 r 7(2)

Dudzinski v Centrelink [2003] FCA 308, referred to 'Pooncarie' Barkandji (Paakantye People) v New South Wales Minister for Land & Water Conservation [2006] FCA 25, cited Sampi v Western Australia (No 2) [2005] FCA 1567, cited KULLILLI PEOPLE # 2 AND KULLILLI PEOPLE # 3 v THE STATE OF QUEENSLAND & ORS QUD 6025 OF 2002 and QUD 6026 of 2002

TAMBERLIN J

13 APRIL 2007

SYDNEY (Heard in BRISBANE) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 6025 OF 2002

QUD 6026 OF 2002

BETWEEN: KULLILLI PEOPLE # 2 AND KULLILLI PEOPLE # 3

Applicant

AND: THE STATE OF QUEENSLAND & ORS

Respondent

JUDGE: TAMBERLIN J DATE OF ORDER: 13 APRIL 2007

WHERE MADE: SYDNEY (Heard in BRISBANE)

THE COURT ORDERS THAT:

1. The application for reinstatement is dismissed. 2. The application to set aside the order which came into effect on 1 November 2006 is refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 6025 OF 2002

QUD 6026 OF 2002

BETWEEN: KULLILLI PEOPLE # 2 AND KULLILLI PEOPLE # 3