Button v Chapman

[2003] FCA 861

FEDERAL COURT OF AUSTRALIA

Button v Chapman on behalf of the Wakka Wakka People [2003] FCA 861

Statutes

Native Title Act 1993 (Cth) ss 61(2)(a) and (c) 62 and 66B

Federal Court Rules O 6, O 20 r 2(1)(c)

Cases

Walton v Gardiner (1993) 177 CLR 378

BUTTON V OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY JNR AND KEVIN DOOLON (‘WAKKA WAKKA PEOPLE #2’) AND
THE STATE OF QUEENSLAND AND OTHERS

Q6032 of 1999

KIEFEL J
BRISBANE
20 AUGUST 2003

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q6032 OF 1999

BETWEEN:

BURT BUTTON
APPLICANT

AND:

OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY JNR AND KEVIN DOOLON (‘WAKKA WAKKA PEOPLE #2’)

AND

THE STATE OF QUEENSLAND AND OTHERS
RESPONDENTS

JUDGE:

KIEFEL J

DATE OF ORDER:

20 AUGUST 2003

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.        The motion to strike out the application for native title determination is dismissed.
THE COURT DIRECTS THAT:

2.The applicants other than Mr S J Murray Jnr, Mr G Bone and Mr R Little, confer within two (2) months as to:

(a)whether they intend to apply to the Court to remove those three persons as applicants;  and

(b)whether they propose continuing with the application in its present form.

3.Any application to remove applicants is to be filed by 14 November 2003 and forthwith served upon the three applicants referred to in direction 2.

4.If no application is filed by that date, the application is to be listed for directions on 12 December 2003.

5.A copy of this order and the reasons be served on the three applicants, referred to in direction 2.

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	Q6032 OF 1999

BETWEEN:

BURT BUTTON
APPLICANT

AND:

OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY JNR AND KEVIN DOOLON (‘WAKKA WAKKA PEOPLE #2’)

AND

THE STATE OF QUEENSLAND AND OTHERS
RESPONDENTS

JUDGE:	KIEFEL J
DATE:	20 AUGUST 2003
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. There are sixteen persons named as applicants in these proceedings, on behalf of the Wakka Wakka People. The anthropologist engaged by the Gurang Land Council, which formerly acted for the applicants, has identified some fifteen descent groups within the larger group. The affidavit material filed by the Gurang Land Council, which is relied upon by one of the applicants who responds to this motion, shows that meetings were convened before the application was brought. The affidavits relating to authorisation, as required by s 62 of the Native Title Act 1993 (Cth) were…