FEDERAL COURT OF AUSTRALIA Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia (No 2) [2012] FCA 254 Citation: Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia (No 2) [2012] FCA 254 Parties: JESSIE ROBERTS (FOR AND ON BEHALF OF THE NAJIG AND THE GUYANGGAN NGANAWIRDBIRD GROUPS) v NORTHERN TERRITORY OF AUSTRALIA and CAVE CREEK STATION PTY LTD JESSIE ROBERTS & OTHERS (FOR AND ON BEHALF OF THE NAJIG AND THE GUYANGGAN NGANAWIRDBIRD GROUPS) v NORTHERN TERRITORY OF AUSTRALIA, APT PIPELINES (NT) PTY LTD, CONSERVATION LAND CORPORATION, ROPER GULF SHIRE COUNCIL, NORTHERN CEMENT LTD, NORTHERN TERRITORY LAND CORPORATION and TELSTRA CORPORATION LIMITED File numbers: NTD 6001 of 2001 NTD 6026 of 2002 Judge: FINN J Date of judgment: 20 March 2012 Place: Darwin Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 2 In NSD 6001 of 2001 Counsel for the Applicant: Ms T Cole Solicitor for the Applicant: Northern Land Council Counsel for the First Respondent: Ms K Gatis Solicitor for the First Respondent: Solicitor for Northern Territory Counsel for the Second Respondent: Mr K Stephens Solicitor for the Second Respondent: Ward Keller In NSD 6026 of 2002 Counsel for the Applicant: Ms T Cole Solicitor for the Applicant: Northern Land Council Counsel for the First Respondent: Ms K Gatis Solicitor for the First Respondent: Solicitor for Northern Territory Counsel for the Second Respondent: Mr N Johansen Solicitor for the Second Respondent: Ward Keller Lawyers Counsel for the Third and Sixth Respondents: Ms R Slaven Solicitor for the Third and Sixth Respondents: Clayton Utz Counsel for the Fourth Respondent: Ms A Vaughan Solicitor for the Fourth Respondent: Cridlands MB Lawyers Counsel for the Fifth Respondent: Mr E Vickery Solicitor for the Fifth Respondent: Minter Ellison Counsel for the Eighth Respondent: Ms M Barnett-Smith Solicitor for the Eighth Respondent: Ashurst (formerly Blake Dawson) IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION NTD 6001 of 2001 BETWEEN: JESSIE ROBERTS (FOR AND ON BEHALF OF THE NAJIG AND THE GUYANGGAN NGANAWIRDBIRD GROUPS) Applicant AND: NORTHERN TERRITORY OF AUSTRALIA First Respondent CAVE CREEK STATION PTY LTD Second Respondent JUDGE: FINN J DATE OF ORDER: 20 MARCH 2012 WHERE MADE: DARWIN THE COURT ORDERS THAT: 1. The proceedings NTD 6001 of 2001 (Mataranka) and NTD 6026 of 2002 (Town of Mataranka) are to be heard separately. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION NTD 6026 of 2002 BETWEEN: JESSIE ROBERTS & OTHERS (FOR AND ON BEHALF OF THE NAJIG AND THE GUYANGGAN NGANAWIRDBIRD GROUPS) Applicant AND: NORTHERN TERRITORY OF AUSTRALIA First Respondent APT PIPELINES (NT) PTY LTD Second Respondent CONSERVATION LAND CORPORATION Third Respondent ROPER GULF SHIRE COUNCIL Fourth Respondent NORTHERN CEMENT LTD Fifth Respondent NORTHERN TERRITORY LAND CORPORATION Sixth Respondent TELSTRA CORPORATION LIMITED Eighth Respondent JUDGE: FINN J DATE OF ORDER: 20 MARCH 2012 WHERE MADE: DARWIN THE COURT ORDERS THAT: 1. The proceedings NTD 6001 of 2001 (Mataranka) and NTD 6026 of 2002 (Town of Mataranka) are to be heard separately. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION NTD 6001 of 2001 BETWEEN: JESSIE ROBERTS (FOR AND ON BEHALF OF THE NAJIG AND THE GUYANGGAN NGANAWIRDBIRD GROUPS) Applicant AND: NORTHERN TERRITORY OF AUSTRALIA First Respondent CAVE CREEK STATION PTY LTD Second Respondent GENERAL DIVISION NTD 6026 of 2002 BETWEEN: JESSIE ROBERTS & OTHERS (FOR AND ON BEHALF OF THE NAJIG AND THE GUYANGGAN NGANAWIRDBIRD GROUPS) Applicant AND: NORTHERN TERRITORY OF AUSTRALIA First Respondent APT PIPELINES (NT) PTY LTD Second Respondent CONSERVATION LAND CORPORATION Third Respondent ROPER GULF SHIRE COUNCIL Fourth Respondent NORTHERN CEMENT LTD Fifth Respondent NORTHERN TERRITORY LAND CORPORATION Sixth Respondent TELSTRA CORPORATION LIMITED Eighth Respondent JUDGE: FINN J DATE: 20 MARCH 2012 PLACE: DARWIN REASONS FOR JUDGMENT 1 In each of these matters orders were made by Reeves J on 4 February 2009 that they be heard together. The parties in NTD 6026 of 2002 (Town of Mataranka) have reached a consent determination which is listed for judgment on Wednesday, 21 March 2012 in which a determination that native title exists in its respective application area is sought. In the NTD 6001 of 2001 matter a consent determination is also being sought, albeit that no native title exists in its application area. 2 In the circumstances, it is both appropriate and necessary that an order be made de-consolidating the hearing of the two proceedings. Accordingly, I order that the proceedings NTD 6001 of 2001 (Mataranka) and NTD 6026 of 2002 (Town of Mataranka) are to be heard separately. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finn. Associate: Dated: 20 March 2012