Brown v State of Victoria

[2013] FCA 1457

FEDERAL COURT OF AUSTRALIA

Brown v State of Victoria [2013] FCA 1457

Citation:	Brown v State of Victoria [2013] FCA 1457
Parties:	MERVYN STANLEY BROWN ON BEHALF OF THE BUNURONG PEOPLE v STATE OF VICTORIA
File number:	VID 667 of 2006
Judge:	NORTH J
Date of judgment:	17 December 2013
Date of hearing:	17 December 2013
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	6
Counsel for the Applicant:	Mr C M Goh
Solicitor for the Applicant:	Maddocks Lawyers
Solicitor for the Respondent:	Ms M Scalzo of Victorian Government Solicitor's Office

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 667 of 2006

BETWEEN:	MERVYN STANLEY BROWN ON BEHALF OF THE BUNURONG PEOPLE Applicant
AND:	STATE OF VICTORIA Respondent

JUDGE:	NORTH J
DATE OF ORDER:	17 DECEMBER 2013
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application is discontinued.

2.No order as to costs.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 667 of 2006

BETWEEN:	MERVYN STANLEY BROWN ON BEHALF OF THE BUNURONG PEOPLE Applicant
AND:	STATE OF VICTORIA Respondent

JUDGE:	NORTH J
DATE:	17 DECEMBER 2013
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. On 15 June 2006, the Bunurong people filed an application for a determination of native title over the area of Port Phillip Bay. 

2. It was always contemplated that the application would be resolved as a result of and following an agreement between, the Bunurong and the Boon Wurrung peoples. 

3. In more recent times, and after initial faltering, productive discussions occurred between the Bunurong and the Boon Wurrung peoples.  Discussions were facilitated by the Victorian government’s Right People for Country project (RPFC project).  Bodies corporate were formed representing each group as a first step to a cooperative arrangement between the two groups.   

4. However, following the directions hearing on 10 September 2013, the discussions broke down. The Boon Wurrung people have indicated that they are not prepared to engage in further discussions with the Bunurong people.  This position has been recognised by the RPFC project. 

5. It is against that background that the Bunurong people seek to discontinue the application.  The matter has not yet been notified and the only respondent is the State of Victoria.  The State of Victoria consents to an order that the application be discontinued with no order as to costs. 

6. In these circumstances that order will be made.

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:       10 February 2014