FEDERAL COURT OF AUSTRALIA Sonia Gala on behalf of the Butchulla People v State of Queensland [2008] FCA 1035 SONIA GALA, ALFRED BLACKMAN, GLENN BLAKE, EDWARD DOOLAN, KATE DOOLAN, SHAUN DOOLAN, SANDRA PAGE, WILLIAM RAINBOW (SNR) AND WAYNE TOBANE ON BEHALF OF THE BUTCHULLA PEOPLE v STATE OF QUEENSLAND, FRASER COAST REGIONAL COUNCIL, HERVEY BAY CITY COUNCIL, MARYBOROUGH CITY COUNCIL, TIARO SHIRE COUNCIL, WOOCOO SHIRE COUNCIL, WIDE BAY WATER CORPORATION, QUEENSLAND LAPIDARY AND ALLIED CRAFT CLUBS ASSOCIATION, THE FRASER ISLAND ASSOCIATION INC, KINGFISHER BAY RESORT VILLAGE PTY LTD, MAINCLOUD PTY LTD (TRADING AS THE FRASER ISLAND COMPANY), TELSTRA CORPORATION LIMITED, JOHN ARMITAGE, KEVIN GREENHALGH, LAURENCE GUSE AND GARRY WHITTAKER, MARY RIVER RIPARIAN LANDHOLDERS GROUP (LOWER CATCHMENT), JOHN DALUNGDALEE JONES and RODNEY JOHN & GLEN NOEL THORBURN QUD 6140 of 1998 DOWSETT J 1 MAY 2008 ROCKHAMPTON IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QUD 6140 of 1998 BETWEEN: SONIA GALA, ALFRED BLACKMAN, GLENN BLAKE, EDWARD DOOLAN, KATE DOOLAN, SHAUN DOOLAN, SANDRA PAGE, WILLIAM RAINBOW (SNR) AND WAYNE TOBANE ON BEHALF OF THE BUTCHULLA PEOPLE Applicants AND: STATE OF QUEENSLAND First Respondent FRASER COAST REGIONAL COUNCIL Second Respondent HERVEY BAY CITY COUNCIL Third Respondent MARYBOROUGH CITY COUNCIL Fourth Respondent TIARO SHIRE COUNCIL Fifth Respondent WOOCOO SHIRE COUNCIL Sixth Respondent WIDE BAY WATER CORPORATION Seventh Respondent QUEENSLAND LAPIDARY AND ALLIED CRAFT CLUBS ASSOCIATION Eighth Respondent THE FRASER ISLAND ASSOCIATION INC Ninth Respondent KINGFISHER BAY RESORT VILLAGE PTY LTD Tenth Respondent MAINCLOUD PTY LTD (TRADING AS THE FRASER ISLAND COMPANY) Eleventh Respondent TELSTRA CORPORATION LIMITED Twelfth Respondent JOHN ARMITAGE, KEVIN GREENHALGH, LAURENCE GUSE AND GARRY WHITTAKER Thirteenth Respondents MARY RIVER RIPARIAN LANDHOLDERS GROUP (LOWER CATCHMENT) Fourteenth Respondent JOHN DALUNGDALEE JONES Fifteenth Respondent RODNEY JOHN & GLEN NOEL THORBURN Sixteenth Respondents JUDGE: DOWSETT J DATE: 1 MAY 2008 PLACE: ROCKHAMPTON REASONS FOR JUDGMENT 1 On the last occasion, I ordered that the Mary River Riparian Landholders Group show cause at this hearing why it should not be dismissed as a respondent to the application. The group not having appeared today, they, or it, are, or is, dismissed as a party to these proceedings. Otherwise, the order will be in accordance with the proposed standard form. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate: Dated: 1 May 2008 Solicitor for the Applicants: Gurang Land Council Solicitor for the First Respondent: Crown Law Solicitor for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Respondents: MacDonnells Law Counsel for the Twelfth Respondent: The Twelfth Respondent did not appear Solicitor for the Thirteenth Respondent: Gore & Associates Counsel for the Fourteenth Applicant: The Fourteenth Respondent did not appear Date of Hearing: 1 May 2008 Date of Judgment: 1 May 2008