FEDERAL COURT OF AUSTRALIA Wise on behalf of the Kurungal People v State of Western Australia [2014] FCA 250 Citation: Wise on behalf of the Kurungal People v State of Western Australia [2014] FCA 250 Parties: BUTCHER WISE AND OTHERS ON BEHALF OF THE KURUNGAL PEOPLE v STATE OF WESTERN AUSTRALIA AND OTHERS File number: WAD 6217 of 1998 Judge: GILMOUR J Date of judgment: 19 February 2014 Catchwords: NATIVE TITLE – parties - application for removal Date of hearing: 19 February 2014 Place: Perth Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 1 Counsel for the Applicant: Ms J Cole Solicitor for the Applicant: Kimberley Land Council Aboriginal Corporation Counsel for the State of Western Australia: No appearance Solicitor for the State of Western Australia: State Solicitor's Office Counsel for Telstra Corporation Limited: No appearance Solicitor for Telstra Corporation Limited: Herbert Smith Freehills IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 6217 of 1998 BETWEEN: BUTCHER WISE AND OTHERS ON BEHALF OF THE KURUNGAL PEOPLE Applicant AND: STATE OF WESTERN AUSTRALIA AND OTHERS Respondents JUDGE: GILMOUR J DATE OF ORDER: 19 FEBRUARY 2014 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The respondent, Kimberley Oil NL (ACN 075 760 655), be removed as a party to these proceedings. 2. The respondent, Western Metals Zinc NL (ACN 063 635 076), be removed as a party to these proceedings. 3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 6217 of 1998 BETWEEN: BUTCHER WISE AND OTHERS ON BEHALF OF THE KURUNGAL PEOPLE Applicant AND: STATE OF WESTERN AUSTRALIA AND OTHERS Respondents JUDGE: GILMOUR J DATE: 19 FEBRUARY 2014 PLACE: PERTH REASONS FOR JUDGMENT 1 This is an application by the applicant for orders that the respondents, Kimberley Oil NL and Western Metals Zinc NL, be removed as parties to these proceedings. The application is supported by affidavits of Simon Charles Blackshield, each affirmed on 7 and 31 January 2014 respectively. I have read the detailed written submissions of the applicant which I accept. I am satisfied that the orders should be made as sought in the interlocutory application. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour. Associate: Dated: 26 March 2014