Bodney v State of Western Australia

[2001] FCA 297

FEDERAL COURT OF AUSTRALIA

Bodney v State of Western Australia [2001] FCA 297

RICHARD WILKES AND ALBERT CORUNNA ON BEHALF OF THE DARBARLYUNG NYOONGARS OF THE DERBAL YERRIGAN AND THE SWAN RIVER PLAINS, ROBERT CHARLES BROPHO ON BEHALF OF THE SWAN VALLEY NYUNGAH COMMUNITY, WILLIAM WARRELL ON BEHALF OF THE WARRELL FAMILY, GREGORY LAWRENCE GARLETT AND KELVIN PATRICK GARLETT ON BEHALF OF THE GARLETT FAMILY AND CORRIE CHRISTOPHER BODNEY ON BEHALF OF THE BODNEY FAMILY BALLARUKS v STATE OF WESTERN AUSTRALIA AND ORS

WAG 142 OF 1998
WAG 141 OF 1998
WAG 137 OF 1998
WAG 138 OF 1998
WAG 139 OF 1998
WAG 140 OF 1998
WAG 149 OF 1998

JUDGE:         BEAUMONT J
DATE:           21 MARCH 2001
PLACE:         PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAG 142 OF 1998 WAG 141 OF 1998 WAG 137 OF 1998 WAG 138 OF 1998 WAG 139 OF 1998 WAG 140 OF 1998 WAG 149 OF 1998

BETWEEN:

RICHARD WILKES AND ALBERT CORUNNA ON BEHALF OF THE DARBARLYUNG NYOONGARS OF THE DERBAL YERRIGAN AND THE SWAN RIVER PLAINS

AND

ROBERT CHARLES BROPHO ON BEHALF OF THE SWAN VALLEY NYUNGAH COMMUNITY

AND

WILLIAM WARRELL ON BEHALF OF THE WARRELL FAMILY

AND

GREGORY LAWRENCE GARLETT AND KELVIN PATRICK GARLETT ON BEHALF OF THE GARLETT FAMILY

AND

CORRIE CHRISTOPHER BODNEY ON BEHALF OF THE BODNEY FAMILY BALLARUKS
APPLICANTS

AND:

STATE OF WESTERN AUSTRALIA AND ORS
RESPONDENTS

JUDGE:

BEAUMONT J

DATE:

21 MARCH 2001

PLACE:

PERTH

REASONS FOR DIRECTIONS

BEAUMONT J:

1. On 20 March 2001, I made orders rescheduling the timetable in this matter, which is now in my substantive docket.  I then indicated that I would provide reasons, as follows, for doing so.

2. In my opinion, it is necessary pursuant to s 67(2) of the Native Title Act 1993 (Cth), in the interests of effective case management, to exclude from the trial so much of the claim in WAG 149 of 1998 as overlaps the Yued (WAG 6192 of 1998), Ballardong (WAG 6181 of 1998) and Gnaala Karla Booja (WAG 6274 of 1998) proceedings, given the size and apparent complexity and diversity of all of these claims.

3. Given the evident lack of activity to date in the prosecution of the claims, it has become inevitable that the timetable be extended.  However, I have and will keep the period 3 September until 21 September available for this matter;  and in particular, if appropriate, I will be available to hear in chief any connection evidence from any applicant, especially if there are concerns about the health of any witness.

4. When the matter is next before me for directions (on 19 June 2001, or earlier if urgent), I expect to be informed of the scope of outstanding issues, if any, relating to land tenure details, including any questions that may require the Court to retain a cartographer as a consultant for that purpose.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Directions herein of the Honourable Acting Chief Justice Beaumont.

Associate:

Dated:                   21 March 2001

For the Applicants:	Mr M Rynne Mr Bodney appeared in person
Counsel for the First Respondents:	Mr S Wright, Mr Pettit
Solicitor for the Respondents:	Crown Solicitors Office
Counsel for the Second Respondents:	Mr A Beach
Solicitor for the Second Respondents:	Australian Government Solicitor
Counsel for Telstra:	Mr J Thomson
Solicitor for Telstra:	Blake Dawson Waldron
Counsel for University of Western Australia:	Mr G Gallic
Solicitor for University of Western Australia:	Mallesons Stephen Jaques
Counsel for various local government respondents and anor	Mr M Gregory
Solicitor for various local government respondents and anor	Minter Ellison
Counsel for WAFIC	Ms K White
Solicitor for WAFIC	Hunt and Humphry
Counsel for Alcoa and ors	Mr K Jagger,  Ms C Piper
Solicitor for Alcoa and ors	Freehills
Date of Hearing:	20 March 2001
Date of Directions:	21 March 2001