FEDERAL COURT OF AUSTRALIA
Wallace on behalf of the Boonthamurra People v State of Queensland
[2017] FCA 796
File number: QUD 435 of 2006 Judge: REEVES J Date of judgment: 22 June 2017 Catchwords: PRACTICE AND PROCEDURE – application for leave by representative body to discontinue proceedings under r 26.12(4) of the Federal Court Rules 2011 (Cth) – where native title claim group has consented to proceeding being discontinued Legislation: Federal Court Rules 2011 (Cth) Cases cited: Wallace on behalf of the Boonthamurra People v State of Queensland [2015] FCA 600 Date of hearing: 22 June 2017 Registry: Queensland Division: General Division National Practice Area: Native Title Category: Catchwords Number of paragraphs: 2 Solicitor for the Applicant: Mr T Wishart of Queensland South Native Title Services Solicitor for the First Respondent: Ms M Stinton of Crown Law Solicitor for the Second Respondent: The Second Respondent did not appear Solicitor for the Third and Fourth Respondents: The Third and Fourth Respondents did not appear Solicitor for the Fifth to Nineteenth Respondents: The Fifth to Nineteenth Respondents did not appear Solicitor for the Twentieth Respondent: The Twentieth Respondent did not appear Solicitor for the Twenty-First Respondent: The Twenty-First Respondent did not appear ORDERS
QUD 435 of 2006 BETWEEN: MARK WALLACE AND BARBARA OLSEN ON BEHALF OF THE BOONTHAMURRA PEOPLE
Applicant
AND: STATE OF QUEENSLAND
First Respondent
BARCOO SHIRE COUNCIL
Second Respondent
QUILPIE SHIRE COUNCIL (and others named in the Schedule)
Third Respondent
JUDGE:
REEVES J
DATE OF ORDER:
22 JUNE 2017
THE COURT ORDERS THAT:
1.The applicant have leave to discontinue the proceeding.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
EX TEMPORE REASONS FOR JUDGMENT
REEVES J:
I will treat this as an application for leave to discontinue the proceeding. The vast majority of this proceeding was dealt with in the consent determination made by Mansfield J in 2015: [2015] FCA 600. After that determination was made, the proceeding continued with respect to nine lots. The applicant now seeks to discontinue the remaining part of the proceeding. Since the applicant acts in a representative capacity on behalf of the native title claim group, leave to discontinue this proceeding is required under r 26.12(4) of the Federal Court Rules 2011 (Cth). I am satisfied that the applicant has consulted with the native title claim group and that the claim group has given its informed consent to the proceeding being discontinued. I am therefore satisfied that it is in the interests of justice that the applicant be given leave to discontinue the proceeding.
I therefore order that:
1.The applicant have leave to discontinue the proceeding.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Reeves. Associate:
Dated: 14 July 2017
SCHEDULE OF PARTIES
QUD 435 of 2006 Respondents
Fourth Respondent:
ERGON ENERGY CORPORATION LIMITED
Fifth Respondent:
AUSTRALIAN GASFIELDS LIMITED
Sixth Respondent:
BEACH PETROLEUM LIMITED
Seventh Respondent:
DELHI PETROLEUM PTY LTD
Eighth Respondent:
DOCE PTY LTD
Ninth Respondent:
DRILLSEARCH ENERGY LIMITED
Tenth Respondent:
GIDGEALPA OIL PTY LTD
Eleventh Respondent:
ICON ENERGY LIMITED
Twelfth Respondent:
INLAND OIL (PRODUCTION) PTY LTD
Thirteenth Respondent:
MAWSON PETROLEUM LIMITED
Fourteenth Respondent:
ORIGIN ENERGY RESOURCES LIMITED
Fifteenth Respondent:
SANTOS AUSTRALIAN HYDROCARBONS PTY LTD
Sixteenth Respondent:
SANTOS LIMITED
Seventeenth Respondent:
SANTOS PETROLEUM PTY LTD
Eighteenth Respondent:
SANTOS QNT PTY LTD
Nineteenth Respondent:
VAMGAS PTY LTD
Twentieth Respondent:
TELSTRA CORPORATION
Twenty-First Respondent:
IOR ENERGY PTY LTD
- AGLC
- Wallace on behalf of the Boonthamurra People v State of Queensland [2017] FCA 796
- Case
- [2017] FCA 796
- Decision Date
CaseChat Overview and Summary
The court examined the legal framework governing the authority of representative bodies to discontinue proceedings in native title claims. It considered the relevant provisions of the Federal Court Rules, as well as the broader context of the native title determination process and the rights of native title claimants. The court needed to determine whether the representative body had the necessary consent from the native title claim group to discontinue the proceedings and whether the application complied with the procedural requirements set out in the rules. The court also had to consider the implications of discontinuing the proceedings on the rights and interests of the Boonthamurra People.
In its decision, the court found that the representative body did have the authority to discontinue the proceedings, as the native title claim group had provided the necessary consent. The court concluded that the application complied with the procedural requirements and that discontinuing the proceedings was in the best interests of the Boonthamurra People, given the circumstances. The court granted the application, allowing the proceedings to be discontinued. The decision highlighted the importance of ensuring that native title claimants are properly consulted and that their rights are protected throughout the legal process. The court's ruling provided clarity on the authority of representative bodies to discontinue native title proceedings and reinforced the need for proper consultation with native title claim groups.
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
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