Chapman v Queensland

[2007] FCA 597

FEDERAL COURT OF AUSTRALIA

Chapman on behalf of the Wakka Wakka People #2 v State of Queensland [2007] FCA 597

NATIVE TITLE – person named as “the applicant” unable or unwilling to act – whether continue to be authorised – whether proper or necessary party to the proceedings – O 6 r 9 FCR – whether inconsistent with Native Title Act 1993 (Cth) – whether Register of Native Title claims can be amended to remove names of persons as applicant apart from s 66B – purpose of Register

Federal Court of Australia Act 1976 (Cth)

Native Title Act1993 (Cth) ss 61, 66B, 185, 186, 190, 251B

Federal Court Rules O 6 r 9(b)

Butchulla People v State of Queensland [2006] FCA 1063 Followed

Central West Goldfields People v State of Western Australia [2003] FCA 467 Considered

Doolan v Native Title Registrar [2007] FCA 192 Referred to

OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACEY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY (JNR) and KEVIN DOOLAN  v STATE OF QUEENSLAND and ORS
QUD 6032 OF 1999

KIEFEL J
27 APRIL 2007
ROCKHAMPTON (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 6032 OF 1999

BETWEEN:

OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACEY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY (JNR) and KEVIN DOOLAN

Applicants

AND:

STATE OF QUEENSLAND and OTHERS
Respondents

JUDGE:	KIEFEL J
DATE OF ORDER:	27 APRIL 2007
WHERE MADE:	ROCKHAMPTON (HEARD IN BRISBANE)

THE COURT ORDERS THAT:

1.Reggie Little, Sam Murray Jnr and Henry Collins cease to be parties to the proceedings.

2.The Register of Native Title Claims be amended to reflect removal of the names of those persons as applicant.

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	QUD 6032 OF 1999

BETWEEN:

OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACEY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY (JNR) and KEVIN DOOLAN

Applicants

AND:

STATE OF QUEENSLAND AND OTHERS
Respondents

JUDGE:	KIEFEL J
DATE:	27 APRIL 2007
PLACE:	ROCKHAMPTON (HEARD IN BRISBANE)

REASONS FOR JUDGMENT

1. The applicants to this motion (whom I shall refer to as the ‘applicants’ in these reasons) are all of those persons named as the applicant in these proceedings, brought on behalf of the Wakka Wakka People, other than Mr Reggie Little, Mr Sam Joe Murray Jnr and Pastor Henry Collins.  They seek orders that those three persons cease to be parties to the proceedings and that the Register of Native Title Claims be amended in accordance with that order.  Pastor Collins is deceased.  The basis of the application so far as concerns Mr Little and Mr Murray is that they…