FEDERAL COURT OF AUSTRALIA
Connelly on behalf of the Mitakoodi and Mayi People #1 v State of Queensland [2009] FCA 1181
PEARL JOYCE CONNELLY ON BEHALF OF THE MITAKOODI AND MAYI PEOPLE #1 v STATE OF QUEENSLAND AND OTHERS
QUD 6106 of 1998
DOWSETT J
11 AUGUST 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
QUD 6106 of 1998
BETWEEN: PEARL JOYCE CONNELLY ON BEHALF OF THE MITAKOODI AND MAYI PEOPLE #1
ApplicantAND: STATE OF QUEENSLAND AND OTHERS
Respondent
JUDGE:
DOWSETT J
DATE:
11 AUGUST 2009
PLACE:
BRISBANE
REASONS FOR JUDGMENT
This is an application pursuant to s 84(5) of the Native Title Act 1993 (Cth) (the “Act”) for joinder of Queensland South Native Title Services Ltd (“Queensland South”), a representative body pursuant to the Act, as a respondent in these proceedings. Primarily, Queensland South asserts that it is in the interests of justice that it be joined, having regard to its various functions. I am of the view that given the close involvement which Queensland South has in the claims in the Mount Isa/Cloncurry area (including in particular the Kalkadoon claim) it will be of assistance to the Court, and in the interests of justice if it becomes a party to these proceedings. It will also assist in other respects, having regard to the various functions which are conferred upon it by the Act.
I have given consideration to the grounds for resisting the application advanced on behalf of the applicant, primarily that there is no apparent immediate role for Queensland South to perform, and there is a risk of its being put in a conflict situation by virtue of the fact that it has previously acted for the applicant and may have confidential information. It is, of course, necessary that there be no abuse of confidential information obtained in the course of acting in this matter, but given the limited progress which has occurred, it is unlikely that there is any significant amount of confidential information. In any event I am willing to rely upon the professionalism of the relevant legal advisers and employees of Queensland South in order to avoid any problem in that regard.
As to the question of its role, that will be determined by its responsibilities under the Act. Having observed the way in which Queensland South has performed its responsibilities as a representative body since its relatively recent inception, I have no doubt that it will participate in the proceedings only in a constructive way, and in a way designed to serve the public interest and the interests of indigenous people generally. There will be an order in terms of para 1 of the notice of motion.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate:
Dated: 15 October 2009
Solicitor for the Applicant: Mr B Grenacs of Isa Lawyers Solicitor for the State of Queensland: Mr M Prowse of Crown Law Solicitor for the Cloncurry Shire Council, McKinlay Shire Council, QLACCA and Ergon Energy Corporation Limited: Mr O Gilkerson of MacDonnells Law Solicitor for the Carpentaria Shire Council: Mr A Kerr of Preston Law Solicitor for Ernest Henry Mining Pty Ltd, Mount Isa Mines Limited and Black Rock Minerals Pty Ltd: Mr S Cobb of Allens Arthur Robinson Solicitor for Queensland South Native Title Services: Mr C Hardie of Queensland South Native Title Services
Date of Hearing: 11 August 2009 Date of Judgment: 11 August 2009
- AGLC
- Connelly on behalf of the Mitakoodi and Mayi People #1 v State of Queensland [2009] FCA 1181
- Case
- [2009] FCA 1181
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether it was in the interests of justice for Queensland South to be joined as a party to the proceedings. The court considered the arguments put forward by both parties and determined that it would be of assistance to the court, and in the interests of justice, for Queensland South to be joined as a party. The court also considered the potential for conflicts of interest due to Queensland South's prior representation of the applicant, but found that there was unlikely to be any significant amount of confidential information and that the professionalism of Queensland South's legal advisers and employees could be relied upon to avoid any issues.
The court determined that it was in the interests of justice for Queensland South to be joined as a party to the proceedings. The court found that Queensland South would participate in the proceedings in a constructive way, designed to serve the public interest and the interests of indigenous people generally. The court also noted that Queensland South would perform its responsibilities under the Act and that it had no doubt that Queensland South would participate in the proceedings only in a constructive way.
The court made an order in terms of para 1 of the notice of motion, joining Queensland South as a party to the proceedings. This decision ensures that the appropriate parties are involved in the native title proceedings and that the interests of indigenous people are properly represented.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: DOWSETT J
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