Malone on behalf of the Western Kangoulu People v State of Queensland (No 2) [2020] FCA 1414

FEDERAL COURT OF AUSTRALIA

Malone on behalf of the Western Kangoulu People v State of Queensland (No 2) [2020] FCA 1414 File number(s): QUD 17 of 2019

Judge(s): O'BRYAN J

Date of judgment: 1 October 2020

Catchwords: PRACTICE & PROCEDURE – orders to facilitate conciliation of native title claim

Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 37P Native Title Act 1993 (Cth) s 87 Federal Court Rules 2011 (Cth)

Cases cited: Malone on behalf of the Western Kangoulu People v State of Queensland [2020] FCA 1188

Division: General Division

Registry: Queensland

National Practice Area: Native Title

Number of paragraphs: 10

Date of hearing: Decided on the papers

Counsel for the Applicant: Mr V Hughston SC with Mr C Athanasiou

Solicitor for the Applicant: P&E Law

Counsel for the Respondent: Mr A Duffy QC with Ms J Brien

Solicitor for the Respondent: Crown Law

ORDERS QUD 17 of 2019

BETWEEN: JONATHON MALONE & ORS ON BEHALF OF THE WESTERN KANGOULU PEOPLE Applicant AND: STATE OF QUEENSLAND & ORS Respondents

JUDGE: O'BRYAN J DATE OF ORDER: 1 October 2020

THE COURT ORDERS THAT:

1. By 13 November 2020, the State of Queensland (State) is to file and serve a list of questions concerning the lay and expert evidence filed by the Applicant with the objective of clearly and fairly articulating the State's grounds of objection to, or concerns about, the Applicant's native title claim as relevant to the Separate Questions (List of Questions). 2. By 18 December 2020, the Applicant is to file and serve a written response to the List of Questions together with a statement whether the Applicant intends to file and serve any further lay or expert evidence in the proceeding and the time by which any such evidence will be filed (Response to Questions). 3. Within 45 days after receiving the Response to Questions or, if the Applicant has stated an intention to file and serve further lay or expert evidence, such further evidence, the State is to file and serve a reply to the Response to Questions which is to include a statement whether the State considers there is a credible basis upon which to negotiate a consent determination under the Native Title Act 1993 (Cth) (Reply). 4. Within 14 days of the filing and service of the Reply, either party may file and serve a notice requesting that the Separate Questions be referred to mediation before a Registrar of the Court in which event, by force of this order: (a) the Separate Questions will be so referred pursuant to r 28.02 of the Federal Court Rules 2011 (Cth); and (b) the mediation is to be conducted within 30 days of the referral. 5. The Applicant is to apply for the matter to be relisted for a case management hearing: (a) if neither party refers the matter to mediation under order 4, within 7 days after the 14 day period referred to in order 4 has expired; or (b) within 7 days after the conclusion of the mediation. 6. There be liberty to apply on 3 days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.