Atkinson on behalf of the Gunai/Kurnai People v State of Victoria (No 6)

[2010] FCA 1036

FEDERAL COURT OF AUSTRALIA

Atkinson on behalf of the Gunai/Kurnai People v State of Victoria (No 6) [2010] FCA 1036

Citation:		Atkinson on behalf of the Gunai/Kurnai People v State of Victoria (No 6) [2010] FCA 1036
Parties:		GUNAI/KURNAI PEOPLES' NATIVE TITLE DETERMINATION APPLICATION #2 v STATE OF VICTORIA and ORS
File number:		VID 482 of 2009
Judge:		NORTH J
Date of judgment:		16 September 2010
Legislation:		Native Title Act 1993 (Cth)
Date of hearing:	16 September 2010
Date of last submissions:	16 September 2010
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	6
Counsel for the Applicant:	Mr T. Keely
Solicitor for the Applicant:	Native Title Services Victoria
Solicitor for the Applicant for Joinder:	Mr A. J. Macken
Counsel for the First Respondent:	Mr A.C. Neal SC
Solicitor for the First Respondent:	Victorian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 482 of 2009

BETWEEN:	GUNAI/KURNAI PEOPLES' NATIVE TITLE DETERMINATION APPLICATION #2 Applicant
AND:	STATE OF VICTORIA and ORS Respondents

JUDGE:	NORTH J
DATE OF ORDER:	16 SEPTEMBER 2010
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application by the Clive Sydney Hammet to be made a respondent to this proceeding pursuant to s 84 of the Native Title Act 1993 (Cth) is dismissed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 482 of 2009

BETWEEN:	GUNAI/KURNAI PEOPLES' NATIVE TITLE DETERMINATION APPLICATION #2 Applicant
AND:	STATE OF VICTORIA and ORS Respondents

JUDGE:	NORTH J
DATE:	16 SEPTEMBER 2010
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. Before the Court is an application under s 84(5) of the Native Title Act1993 (Cth) by Clive Sydney Hammet to be joined as a respondent to this application for a determination of native title.

2. Section 84(5) provides that:

   (5)  The Federal Court may at any time join any person as a party to the proceedings, if the Court is satisfied that the person's interests may be affected by a determination in the proceedings and it is in the interests of justice to do so.

3. The details of the applicant’s interest are stated in its Form 5 Application dated 24 June 2010. It states as follows:

   I am a registered apiarist No. H299 and use these public lands for my livelihood. I also hunt and fish in these public forests for game species such as duck, deer and feral animals such as rabbits and foxes. I also own and operate a water craft and $WD vehicle which requires access to this public land. 

4. On 16 August 2010, the applicant appeared in Court and requested an adjournment of the application to provide further time for the applicant to prepare evidence. That adjournment was granted until 16 September 2010.

5. By letter, the Court was informed by the solicitor for the applicant that the applicant no longer wished to pursue its application for joinder.

6. Consequently, the application is dismissed.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:        30 September 2010