FEDERAL COURT OF AUSTRALIA Wallace on behalf of the Boonthamurra People v State of Queensland [2017] FCA 796 File number: QUD 435 of 2006 Judge: REEVES J Date of judgment: 22 June 2017 Catchwords: PRACTICE AND PROCEDURE – application for leave by representative body to discontinue proceedings under r 26.12(4) of the Federal Court Rules 2011 (Cth) – where native title claim group has consented to proceeding being discontinued Legislation: Federal Court Rules 2011 (Cth) Cases cited: Wallace on behalf of the Boonthamurra People v State of Queensland [2015] FCA 600 Date of hearing: 22 June 2017 Registry: Queensland Division: General Division National Practice Area: Native Title Category: Catchwords Number of paragraphs: 2 Solicitor for the Applicant: Mr T Wishart of Queensland South Native Title Services Solicitor for the First Respondent: Ms M Stinton of Crown Law Solicitor for the Second Respondent: The Second Respondent did not appear Solicitor for the Third and Fourth Respondents: The Third and Fourth Respondents did not appear Solicitor for the Fifth to Nineteenth Respondents: The Fifth to Nineteenth Respondents did not appear Solicitor for the Twentieth Respondent: The Twentieth Respondent did not appear Solicitor for the Twenty-First Respondent: The Twenty-First Respondent did not appear ORDERS QUD 435 of 2006 BETWEEN: MARK WALLACE AND BARBARA OLSEN ON BEHALF OF THE BOONTHAMURRA PEOPLE Applicant AND: STATE OF QUEENSLAND First Respondent BARCOO SHIRE COUNCIL Second Respondent QUILPIE SHIRE COUNCIL (and others named in the Schedule) Third Respondent JUDGE: REEVES J DATE OF ORDER: 22 JUNE 2017 THE COURT ORDERS THAT: 1. The applicant have leave to discontinue the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. EX TEMPORE REASONS FOR JUDGMENT REEVES J: 1 I will treat this as an application for leave to discontinue the proceeding. The vast majority of this proceeding was dealt with in the consent determination made by Mansfield J in 2015: [2015] FCA 600. After that determination was made, the proceeding continued with respect to nine lots. The applicant now seeks to discontinue the remaining part of the proceeding. Since the applicant acts in a representative capacity on behalf of the native title claim group, leave to discontinue this proceeding is required under r 26.12(4) of the Federal Court Rules 2011 (Cth). I am satisfied that the applicant has consulted with the native title claim group and that the claim group has given its informed consent to the proceeding being discontinued. I am therefore satisfied that it is in the interests of justice that the applicant be given leave to discontinue the proceeding. 2 I therefore order that: 1. The applicant have leave to discontinue the proceeding. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Reeves. Associate: Dated: 14 July 2017 SCHEDULE OF PARTIES QUD 435 of 2006 Respondents Fourth Respondent: ERGON ENERGY CORPORATION LIMITED Fifth Respondent: AUSTRALIAN GASFIELDS LIMITED Sixth Respondent: BEACH PETROLEUM LIMITED Seventh Respondent: DELHI PETROLEUM PTY LTD Eighth Respondent: DOCE PTY LTD Ninth Respondent: DRILLSEARCH ENERGY LIMITED Tenth Respondent: GIDGEALPA OIL PTY LTD Eleventh Respondent: ICON ENERGY LIMITED Twelfth Respondent: INLAND OIL (PRODUCTION) PTY LTD Thirteenth Respondent: MAWSON PETROLEUM LIMITED Fourteenth Respondent: ORIGIN ENERGY RESOURCES LIMITED Fifteenth Respondent: SANTOS AUSTRALIAN HYDROCARBONS PTY LTD Sixteenth Respondent: SANTOS LIMITED Seventeenth Respondent: SANTOS PETROLEUM PTY LTD Eighteenth Respondent: SANTOS QNT PTY LTD Nineteenth Respondent: VAMGAS PTY LTD Twentieth Respondent: TELSTRA CORPORATION Twenty-First Respondent: IOR ENERGY PTY LTD