Prior on behalf of the Juru People v State of Queensland

[2014] FCA 1003

FEDERAL COURT OF AUSTRALIA

Prior on behalf of the Juru People v State of Queensland

[2014] FCA 1003

Citation:	Prior on behalf of the Juru People v State of Queensland  [2014] FCA 1003
Parties:	CAROL PRIOR, RAYMOND LAMPTON, RAYMOND GASTON, COLLEEN POWER, RAYLENE OUI, TANYA CHATFIELD, IRIS GLENBAR AND LENORA ALDRIDGE ON BEHALF OF THE JURU PEOPLE v STATE OF QUEENSLAND & ORS (AS PER SCHEDULE OF RESPONDENTS)
File number:	QUD 554 of 2010
Judge:	DOWSETT J
Date of judgment:	7 July 2014
Date of hearing:	7 July 2014
Place:	Darwin
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Applicant:	Ms H Bowskill QC with Ms S Phillips
Solicitor for the Applicant:	North Queensland Land Council Aboriginal Corporation
Solicitor for the First Respondent:	Crown Law
Solicitor for the Second Respondent:	Australian Government Solicitor
Solicitor for Ms Carol Prior:	Ms Prior was self‑represented

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 554 of 2010

BETWEEN:	CAROL PRIOR, RAYMOND LAMPTON, RAYMOND GASTON, COLLEEN POWER, RAYLENE OUI, TANYA CHATFIELD, IRIS GLENBAR AND LENORA ALDRIDGE ON BEHALF OF THE JURU PEOPLE Applicant
AND:	STATE OF QUEENSLAND & ORS (AS PER SCHEDULE OF RESPONDENTS) Respondents

JUDGE:	DOWSETT J
DATE OF ORDER:	7 JULY 2014
WHERE MADE:	DARWIN

THE COURT ORDERS THAT:

1.Carol Prior’s name be deleted from the description of the applicant and the name Vincent Mundraby be substituted for it.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 554 of 2010

BETWEEN:	CAROL PRIOR, RAYMOND LAMPTON, RAYMOND GASTON, COLLEEN POWER, RAYLENE OUI, TANYA CHATFIELD, IRIS GLENBAR AND LENORA ALDRIDGE ON BEHALF OF THE JURU PEOPLE Applicant
AND:	STATE OF QUEENSLAND & ORS (AS PER SCHEDULE OF RESPONDENTS) Respondents

JUDGE:	DOWSETT J
DATE:	7 JULY 2014
PLACE:	DARWIN

REASONS FOR JUDGMENT

1. Since a meeting of the claim group held on 20 October 2013, and pursuant to a subsequent order of the Court, the claim group is described as all those persons who are descended from Emily Pickard, Con Lymburner, Nellie Steel (or Stell), Lena Taylor, William Morrell and his wife Bessie Rook, Jinnie Ross, Eliza Lampton, mother of Arthur Lampton, and Rosie Wake.  At the same meeting, the claim group addressed the composition of the applicant.  The applicant is presently comprised of Carol Prior, Raymond Lampton, Colleen Power, Raylene Oui, Tanya Chatfield, Iris Glenbar, Raymond Gaston and Lenora Aldridge.  At the meeting on 20 October 2013, the claim group agreed that in the event that a member of the applicant either died or was unwilling or unable to act, another nominated person would act.  In the case of Ms Prior, the resolution provided:

   In the event of the death, unwillingness or inability to act of Carol Prior then Vincent Mundraby shall have authority to and is authorized to be one of the persons making up the applicant.

2. The present application for a native title determination is the second involving the same claim group.  It has previously obtained a consent determination over other land.  Ms Prior claims membership of the claim group through Lena Taylor.  Ms Taylor was also an apical ancestor in the earlier determination.  It seems quite clear that the claim group has agreed that she is an apical ancestor.  Ms Prior now wishes to be joined as a respondent in order to investigate and, perhaps oppose Ms Taylor’s inclusion as an apical ancestor.  At least implicitly, Ms Prior’s authority to act as a member of the applicant was to act in accordance with the resolution of the claim group as to the description of its own composition.  Ms Prior’s application to be joined as a respondent for the purpose of opposing a determination which includes Ms Taylor as an apical ancestor indicates that she is no longer willing to act in accordance with instructions from the claim group.  In those circumstances Mr Mundraby is now authorized to act in her place.

3. In the course of argument, it has emerged that the members of the applicant have not been given copies of the anthropological evidence upon which the consent determination is to be based.  No doubt they have been acquainted with its contents, but it is unsatisfactory that litigation of this kind should be conducted upon the basis that the effective moving parties in the matter should not be allowed complete and unfettered access to the content of the most important evidence in the case.  There may be exceptions to this.  There may be reasons why some parts should be kept confidential but, in general, in my view at least, the lawyers should start with the assumption that the applicant members are entitled to access, and then to decide whether there is good reason for not giving them such access.  By access I do not mean allowing them to examine the report in the rather artificial, and perhaps alien circumstances of a solicitor’s office or a Land Council office.  I see no reason why they ought not have access to copies in circumstances in which they can, at their leisure, examine and assess the information in question.  I stress, however, that I accept that there may be some parts of the material in respect of which confidentiality should be maintained. 

4. I order that Ms Prior’s name be deleted from the description of the applicant, and the name “Vincent Mundraby” be substituted for it. 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:       15 September 2014

SCHEDULE OF RESPONDENTS

STATE OF QUEENSLAND		First Respondent
COMMONWEALTH OF AUSTRALIA		Second Respondent
WHITSUNDAY REGIONAL COUNCIL		Third Respondent
BURDEKIN SHIRE COUNCIL		Fourth Respondent
ERGON ENERGY CORPORATION LIMITED		Fifth Respondent
PAUL CURTEIS, MELLASANNE GRAY, NOEL GRAY, KAREN QUADRELL, MATT QUADRELL, NATHAN RYNN, TRAVIS RYNN, GFB DEVELOPMENTS PTY LTD		Sixth Respondent
ENERGY MINERALS PTY LTD		Seventh Respondent
AURIZON NETWORK PTY LTD, AURIZON PROPERTY PTY LTD		Eighth Respondent
HANCOCK COAL INFRASTRUCTURE PTY LTD		Ninth Respondent
TELSTRA CORPORATION LIMITED		Tenth Respondent
LONDA CAMERON DAHL, PETER LEONARD DAHL, SCOTT JOSEPH JONES, SONIA ANNE JONES, STEVEN JOHN NORMAN, LESLIE JOHN PAYNE, LEONIE GALE PHILIPSON, NEVILLE JOHN PHILIPSON, ELDA RONCATO, PAUL RONCATO, DALE KELVIN SIBSON, KELVIN ROY SIBSON, LYNETTE ESTELLE SIBSON, CRAIG LYNTON WIGHT, MARK LYNTON WIGHT, RACHEL GAY WIGHT, ROBERT LYNTON WIGHT, JOHN ALEXANDER WILLIAMS, MERRILYN JEAN WILLIAMS		Eleventh Respondent
CHRISTINE ANNE BENVENUTI, PAUL RAYMOND BENVENUTI		Twelfth Respondent