Dhu v Karlka Nyiyaparli Aboriginal Corporation RNTBC [2020] FCA 1756

Federal Court of Australia

Dhu v Karlka Nyiyaparli Aboriginal Corporation RNTBC [2020] FCA 1756 File number(s): WAD 95 of 2020

Judgment of: MORTIMER J

Date of judgment: 8 December 2020

Catchwords: NATIVE TITLE – membership of Prescribed Body Corporate – declaratory relief sought. PRACTICE AND PROCEDURE – interlocutory application to vary orders of the Court – application upheld in part.

Legislation: Federal Court of Australia Act 1976 (Cth), s 37M

Cases cited: Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453

Division: General Division

Registry: Victoria

National Practice Area: Native Title

Number of paragraphs: 15

Date of hearing: Determined on the papers

Solicitor for the Applicants: Banks-Smith & Associates

Solicitor for the Respondent: Roe Legal Services

ORDERS WAD 95 of 2020

BETWEEN: STEVEN DHU First Applicant

BRENDAN DHU Second Applicant

AND: KARLKA NYIYAPARLI ABORIGINAL CORPORATION RNTBC ICN 3649 Respondent

order made by: MORTIMER J DATE OF ORDER: 8 December 2020

THE COURT ORDERS THAT:

1. Order 5 of the orders made on 15 June 2020 be vacated. 2. On or before 4 pm on 29 January 2021, the respondent is to file and serve any affidavits on which it proposes to rely in the proceeding. 3. On or before 4 pm on 26 February 2021 the applicants are to file and serve any affidavits in response on which they propose to rely in the proceeding. 4. On or before 4 pm on 5 March 2021, the parties inform the Court by joint email of: (a) The estimated length of the trial; and (b) The parties' available dates for trial in March, April and June 2021. 5. There be no order as to the costs of the respondent's interlocutory application dated 30 November 2020. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.