Gia People v State of Queensland [2008] FCA 1696

FEDERAL COURT OF AUSTRALIA

Gia People v State of Queensland [2008] FCA 1696

PATRICIA BRIMBLE & ORS ON BEHALF OF THE GIA PEOPLE v STATE OF QUEENSLAND & ORS

QUD 6023 of 1999

MONTY PRYOR & ORS ON BEHALF OF THE BIRRI-GUBBA PEOPLE v STATE OF QUEENSLAND & ORS

QUD 6249 OF 1998

RARES J

17 OCTOBER 2008

SYDNEY (BY VIDEO LINK TO BRISBANE) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 6023 of 1999

BETWEEN: PATRICIA MARY BRIMBLE; MARIE COLEMAN; ELSIE KYLE; RAYMOND WAKE ON BEHALF OF THE GIA PEOPLE

Applicant

AND: STATE OF QUEENSLAND & ORS (see Annexure)

Respondents

JUDGE: RARES J DATE OF ORDER: 17 OCTOBER 2008

WHERE MADE: SYDNEY (BY VIDEO LINK TO BRISBANE)

THE COURT ORDERS THAT:

1. On or before 30 October 2009, the applicant is to: (a) cause a meeting of the claim group to be held to provide instructions as to: (i) whether the matter is to be resolved by discontinuance, amendment, trial or consent determination; and (ii) the steps to be taken to resolve the matter; (b) prepare and to provide to the State of Queensland all historical and anthropological material on which the applicant seeks to rely to satisfy the requirements of s 223 of the Native Title Act 1993 (Cth); (c) file and serve upon those parties appearing at the directions hearing on 17 October 2008 an affidavit deposing to: (iii) the date on which the material referred to in Order 1(b) was provided to the State; and (iv) whether the applicant intends to proceed to a trial or consent determination: i. in the form of the current application; or ii. in the form of an amended application, and if so, the nature and timing of those amendments.

2. In the event of non-compliance with Order 1(c), the matter stands dismissed. 3. The hearing on 1 December 2008 be vacated.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA