State of Queensland v Wyvill Q.C. and L.F

The State of Queensland sought a ruling in the Federal Court regarding the locus standi of several parties in proceedings related to a review of a decision concerning the deaths of Aboriginal people in custody. The applicants were contesting the standing of Walter James Adams, Maria Katerina Wouters, and the National Aboriginal and Islander Legal Services Secretariat (NAILSS) to bring their application for review. The legal issues for the Court to determine were whether Adams, who is the closest blood relative of a deceased person, had standing to bring the application and whether NAILSS, a legal lobby group, had standing.

The Court found that Adams did indeed have standing as he was the closest blood relative of the deceased, thereby fulfilling the necessary criteria for locus standi. However, the Court dismissed the application to include NAILSS as a party, as it was not established that they had the requisite interest in the matter. Maria Katerina Wouters' application was also dismissed as the Court found that she did not meet the threshold for standing.

The Court ordered that Walter James Adams and NAILSS be made parties to the application. The Court dismissed the application by Maria Katerina Wouters. Affidavits were to be filed on behalf of Mr Adams or NAILSS by 16 October 1989, with any replies to be filed by 30 October 1989. The costs of the proceedings were to be borne by the parties involved.