McLennan on behalf of the Jangga People v State of Queensland [2009] FCA 236

FEDERAL COURT OF AUSTRALIA

McLennan on behalf of the Jangga People v State of Queensland [2009] FCA 236

COLIN MCLENNAN AND OTHERS ON BEHALF OF THE JANGGA PEOPLE v STATE OF QUEENSLAND

QUD 6230 of 1998

RARES J

18 MARCH 2009

SYDNEY (VIA TELEPHONE LINK TO BRISBANE) IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 6230 of 1998

BETWEEN: COLIN MCLENNAN AND OTHERS ON BEHALF OF THE JANGGA PEOPLE

Applicant

AND: STATE OF QUEENSLAND

Respondent

JUDGE: RARES J

DATE OF ORDER: 18 MARCH 2009

WHERE MADE: SYDNEY (VIA TELEPHONE LINK TO BRISBANE)

THE COURT ORDERS THAT:

1. Orders 2 to 9 inclusive made on 5 March 2009 be vacated. 2. By 5 pm on Friday 27 March 2009 the applicant prepare and provide to the State of Queensland, and any other respondent who so requests, historical and anthropological material on which they seek to rely in support of their claim for a determination of native title having regard to the connection guidelines of the State and s 223 of the Native Title Act 1993 (Cth) in respect of: (a) aboriginal presence in the claim area at the assertion of sovereignty; (b) identification of any society of aboriginal people who had, or are likely to have had, a traditional connection to the claim area at the assertion of sovereignty; (c) a summary of the locations, dates and circumstances of the eight apical ancestors of the Jangga people; (d) the genealogy of the apical ancestor of Charlie Tears. 3. By 5 pm on 17 August 2009 the applicant prepare and provide the State, and any other respondent who so requests, all other historical and anthropological material on which they seek to rely in support of their claim for a determination of native title. 4. The applicant pay the costs of the State of Queensland and Mount Isa Mines Limited of 5 March 2009 and the notice of motion filed 17 February 2009. 5. On or before 27 March 2009 the applicant file and serve an affidavit attaching a copy of each contract they have entered into, or which has been entered into on their behalf for the production of the material the subject of order 2 (provided that any such copy may be redacted in respect of matter the subject of any claim for legal professional privilege) and detail in that affidavit all steps they propose to take to ensure compliance with order 3. 6. If the applicant does not comply with each of orders 2, 3 and 5 the matter will stand dismissed on the next day after that order was due to be complied with, unless the Court otherwise orders. 7. On or before 27 March 2009 the Northern Queensland Land Council show cause, by filing and serving an affidavit, why the Court should not order it to pay the costs the subject of order 4. 8. Any party has liberty to apply on three days notice. THE COURT NOTES THAT: 1. The material provided in compliance with order 3 will be sufficient if it identifies the matters required to establish the applicant's claim to native title without it separately, or when taken together with the material in order 2, needing to be in the form of expert evidence provided that, by 17 August 2009, all the material served pursuant to orders 2 and 3, together, addresses all of the matters relied on by the applicant to satisfy s 223 of the Native Title Act 1993 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA