FEDERAL COURT OF AUSTRALIA
Ankamuthi People v State of Queensland [2002] FCA 897
NATIVE TITLE – practice and procedure – notice of change of solicitor filed without the authority of the applicants – whether notice of change of solicitor and notice of discontinuance have any effect
Native Title Act 1993 (Cth) ss 61, 62A, 66B
Federal Court Rules O 22 r 2(2)ANKAMUTHI PEOPLE (LARRY WOOSUP) v STATE OF QUEENSLAND AND OTHERS
QG 6158 OF 1998DRUMMOND J
17 JULY 2002
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QG 6158 OF 1998
BETWEEN:
ANKAMUTHI PEOPLE (LARRY WOOSUP)
APPLICANTAND:
STATE OF QUEENSLAND AND OTHERS
RESPONDENT
JUDGE:
DRUMMOND J
DATE OF ORDER:
17 JULY 2002
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1.The Registrar remove the notice of change of solicitors and the notice of discontinuance of application for determination of native title QG 6158 of 1998 from the Court file and return those documents to the Cape York Land Council Aboriginal Corporation.
THE COURT DECLARES THAT:
2.The notice of change of solicitors and the notice of discontinuance of application QG 6158 of 1998 were filed without the authority of the applicants and are void and of no effect.
3.Terry Fisher & Co remains and has never ceased to be the solicitors on the record for the applicants.
4.Application QG 6158 of 1998 has been and has not ceased to be since the date upon which it was filed an application made to and pending determination in this Court.
THE COURT DIRECTS THAT:
5.The Registrar of the National Native Title Tribunal is not to remove application QG 6158 of 1998 from the Register of Native Title Applications on the basis of the notice of discontinuance filed on 14 March 2002.
THE COURT FURTHER ORDERS THAT:
6.The Cape York Land Council Aboriginal Corporation pay the costs, including reserved costs, of the applicants on the present notice of motion, to be taxed on an indemnity basis, ie, to be taxed to the intent that the applicants on the motion will recover all their costs of and incidental to the motion, save such costs, if any, as may have been unreasonably incurred.
7.Leave be granted to the applicants on the present notice of motion to tax those costs forthwith.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QG 6158 OF 1998
BETWEEN:
ANKAMUTHI PEOPLE (LARRY WOOSUP)
APPLICANTAND:
STATE OF QUEENSLAND AND OTHERS
RESPONDENT
JUDGE:
DRUMMOND J
DATE:
17 JULY 2002
PLACE:
BRISBANE
REASONS FOR JUDGMENT
I have before me a motion by the applicants in proceedings QG 6158 of 1998 for orders, in effect, declaring that a notice of change of solicitors filed on behalf of the Cape York Land Council on 14 March 2002 be disallowed, and that the notice of discontinuance subsequently filed on the instructions of the Cape York Land Council Aboriginal Corporation (“the Land Council”) on 14…
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- Case
- [2002] FCA 897
- Decision Date
CaseChat Overview and Summary
The court had to determine the validity of the notices and whether they were properly filed. The applicants contended that their original solicitors, Terry Fisher & Co, remained on the record and that the native title application was still pending. The Ankamuthi People sought to have the invalid notices removed from the court file, have it declared that the notices were void, and ensure that their application remained on the register of native title applications. The court also considered the costs associated with the motion, including whether the Cape York Land Council Aboriginal Corporation, who filed the notices, should bear the costs of the applicants.
The court found in favour of the Ankamuthi People, declaring that the notices of change of solicitors and discontinuance were void as they were filed without the applicants' authority. The court confirmed that Terry Fisher & Co remained the solicitors on record and that the native title application was still active. The court ordered the Registrar to remove the invalid notices from the file and return them to the Cape York Land Council Aboriginal Corporation. Additionally, the court directed the Registrar of the National Native Title Tribunal not to remove the native title application from the register. Lastly, the court ordered the Cape York Land Council Aboriginal Corporation to pay the applicants' costs on an indemnity basis and granted leave to the applicants to tax those costs forthwith.
Orders
Orders of the court
1. The Registrar remove the notice of change of solicitors and the notice of discontinuance of application for determination of native title QG 6158 of 1998 from the Court file and return those documents to the Cape York Land Council Aboriginal Corporation.
THE COURT DECLARES THAT:
2. The notice of change of solicitors and the notice of discontinuance of application QG 6158 of 1998 were filed without the authority of the applicants and are void and of no effect.
3. Terry Fisher & Co remains and has never ceased to be the solicitors on the record for the applicants.
4. Application QG 6158 of 1998 has been and has not ceased to be since the date upon which it was filed an application made to and pending determination in this Court.
THE COURT DIRECTS THAT:
5. The Registrar of the National Native Title Tribunal is not to remove application QG 6158 of 1998 from the Register of Native Title Applications on the basis of the notice of discontinuance filed on 14 March 2002.
THE COURT FURTHER ORDERS THAT:
6. The Cape York Land Council Aboriginal Corporation pay the costs, including reserved costs, of the applicants on the present notice of motion, to be taxed on an indemnity basis, ie, to be taxed to the intent that the applicants on the motion will recover all their costs of and incidental to the motion, save such costs, if any, as may have been unreasonably incurred.
7. Leave be granted to the applicants on the present notice of motion to tax those costs forthwith.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: DRUMMOND J
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