Munn v State of Queensland

FEDERAL COURT OF AUSTRALIA

Munn v State of Queensland
[2002] FCA 486

ROBERT JOHN MUNN FOR AND ON BEHALF OF THE GUNGGARI PEOPLE v STATE OF QUEENSLAND & ORS

QG 6019 OF 1998

ROBERT JOHN  MUNN FOR AND ON BEHALF OF THE GUNGARRI PEOPLE v
STATE OF QUEENSLAND

Q 6027 OF 2001

EMMETT J
9 APRIL 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

QG 6019 OF 1998

BETWEEN:	ROBERT JOHN MUNN FOR AND ON BEHALF OF GUNGGARI PEOPLE APPLICANT
AND:	STATE OF QUEENSLAND RESPONDENT

JUDGE:	EMMETT J
DATE OF ORDER:	9 APRIL 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Una Branfield (Pondjyfljdyu), Bill Chapman, Clarence Colliss, Angus Mitchell, Ross Mitchell, Aileen Orcher, Mick Speedy and Grace Weatherall be joined as a party to these proceedings;

2.the notice of motion dated 18 March 2002 be otherwise dismissed; and

3.the matter be stood over for hearing directions at 9.30am 30 April 2002 in Brisbane.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

Q 6027 OF 2001

BETWEEN:	ROBERT JOHN MUNN FOR AND ON BEHALF OF THE GUNGGARI PEOPLE APPLICANT
AND:	STATE OF QUEENSLAND RESPONDENT

JUDGE:	EMMETT J
DATE OF ORDER:	9 APRIL 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Una Branfield (Pondjyfljdyu), Bill Chapman, Clarence Colliss, Angus Mitchell, Ross Mitchell, Aileen Orcher, Mick Speedy and Grace Weatherall be joined as a party to these proceedings;

2.the notice of motion dated 18 March 2002 be otherwise dismissed; and

3.the matter be stood over for hearing directions at 9.30am 30 April 2002 in Brisbane.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	QG 6019 OF 1998

BETWEEN:	ROBERT JOHN MUNN FOR AND ON BEHALF OF GUNGGARI PEOPLE APPLICANT
AND:	STATE OF QUEENSLAND RESPONDENT

Q 6027 OF 2001

BETWEEN:	BOB MUNN FOR AND ON BEHALF OF THE GUNGGARI PEOPLE APPLICANT
AND:	STATE OF QUEENSLAND RESPONDENT
JUDGE:	EMMETT J
DATE:	9 APRIL 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. I have before me applications in two separate proceedings for joinder of individuals as respondents.  In proceeding QG6019 of 1998 there are two motions: one filed on 18 March 2002 on behalf of Una Brandfield and others (“the Brandfield Respondents”); and one filed on 15 February 2002 on behalf of Wayne Norton.  In proceeding Q 6027 of 2001 I have another motion, also filed on 18 March 2002, for the joinder of the Brandfield Respondents.  Mr Wharton is already a respondent in proceeding Q 6027 of 2001.  None of the current parties to either of the proceedings, other than the moving parties, supports or opposes the motions. 

2. The only issue of contention concerns the capacity in which Mr Wharton would be joined as a respondent to proceeding QG6019 of 1999.  In his motion, filed on 15 February 2002, Mr Wharton…