FEDERAL COURT OF AUSTRALIA
Walker v State of Queensland [2005] FCA 1517
EILEEN WALKER AND ORS v STATE OF QUEENSLAND AND ORS
QUD 6008 of 1998
ALLSOP J
2 NOVEMBER 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD 6008 of 1998 |
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BETWEEN: |
IN THE MATTER OF EILEEN WALKER, AGNES WALKER, JOHN WALKER JNR, HAZEL DOUGLAS AND PETER FISCHER ON THEIR OWN BEHALF AND ON BEHALF OF THE EASTERN KU – KU YALANJI PEOPLE
APPLICANT
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AND: |
STATE OF QUEENSLAND FIRST RESPONDENT
COOK SHIRE COUNCIL SECOND RESPONDENT
DOUGLAS SHIRE COUNCIL THIRD RESPONDENT
WUJAL WUJAL COMMUNITY FOURTH RESPONDENT
ERGON ENERGY CORPORATION LIMITED FIFTH RESPONDENT
TELSTRA CORPORATION LIMITED SIXTH RESPONDENT
RUSSELL DAVID O’DOHERTY SEVENTH RESPONDENT
ODETTE CATHERIN PHILLPOT EIGHTH RESPONDENT
ARNFRIED BRENDECKE NINTH RESPONDENT
VERNON JOHN GOODYEAR TENTH RESPONDENT
TERRY ANN ROGERS ELEVENTH RESPONDENT
KEVIN JOHN BRANDT TWELFTH RESPONDENT
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ALLSOP J |
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DATE OF ORDER: |
2 NOVEMBER 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The notice of motion filed by Rodney George Parker be dismissed.
2. There be no order for costs of the motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD6008 of 1998 |
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BETWEEN: |
IN THE MATTER OF EILEEN WALKER, AGNES WALKER, JOHN WALKER JNR, HAZEL DOUGLAS AND PETER FISCHER ON THEIR OWN BEHALF AND ON BEHALF OF THE EASTERN KU – KU YALANJI PEOPLE
APPLICANT
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AND: |
STATE OF QUEENSLAND FIRST RESPONDENT
COOK SHIRE COUNCIL SECOND RESPONDENT
DOUGLAS SHIRE COUNCIL THIRD RESPONDENT
WUJAL WUJAL COMMUNITY FOURTH RESPONDENT
ERGON ENERGY CORPORATION LIMITED FIFTH RESPONDENT
TELSTRA CORPORATION LIMITED SIXTH RESPONDENT
RUSSELL DAVID O’DOHERTY SEVENTH RESPONDENT
ODETTE CATHERIN PHILLPOT EIGHTH RESPONDENT
ARNFRIED BRENDECKE NINTH RESPONDENT
VERNON JOHN GOODYEAR TENTH RESPONDENT
TERRY ANN ROGERS ELEVENTH RESPONDENT
KEVIN JOHN BRANDT TWELFTH RESPONDENT
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JUDGE: |
ALLSOP J |
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DATE: |
2 NOVEMBER 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 On 20 September 2005, I published my provisional views in reasons for judgment on a notice of motion brought by Rodney George Parker to be joined as a party to these proceedings under s 84(5) of the Native Title Act 1994 (Cth) (the “Act”).
2 At the hearing of the notice of motion I indicated to the parties that I would give them further time to address any issues once I had formed provisional views. My provisional view was that the notice of motion should be dismissed, and accordingly the orders that I made on 20 September 2005 were that:
1. The parties to the notice of motion filed by Rodney George Parker provide within 14 days any further submission or an indication of any request for further hearing.
2. The communication referred to in 1 may be made directly to the associate to Allsop J.
3 The purpose of those orders was, in particular, to allow Mr Parker and his legal representatives to consider whether they wish to put anything further either in writing or orally.
4 The parties to the notice of motion did not provide further submissions or request a further hearing on the notice of motion. At the directions hearing on 20 October 2005 I was told that no further submission would be made.
5 I therefore see no reason to depart from the provisional views I expressed on 20 September 2005 that the motion should be dismissed.
6 As to the question of costs, I indicated at [23] that my provisional view was that:
Subject to hearing from the parties, I would need to be persuaded why I should order Mr Parker to pay the costs, bearing in mind the history of the matter.
7 I have not been dissuaded from this view and I therefore propose not to make any order as to costs
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I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop. |
Associate:
Dated: 2 November 2005
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Counsel for Mr Parker: |
Mr G Hiley QC |
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Solicitor for the Mr Parker: |
Mr D Kempton |
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Counsel for the Applicant: |
Ms S Phillips |
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Solicitor for the Applicant: |
Principal Legal Officer Cape York Land Council |
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Counsel for the First Respondent: |
Ms Brown |
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Solicitor for the First Respondent: |
Crown Solicitor of Queensland |
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Date of Hearing: |
24 March 2005 |
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Date of Judgment: |
2 November 2005 |
