FEDERAL COURT OF AUSTRALIA
Rubibi Community v State of Western Australia (No 6) [2006] FCA 82
CORRIGENDUM
FRANK SEBASTIAN AND OTHERS (SEE SCHEDULE) v STATE OF WESTERN AUSTRALIA AND OTHERS (SEE SCHEDULE)
WAD 6006 OF 1998 and WAD 223 OF 2004
MERKEL J
13 FEBRUARY 2006 (CORRIGENDUM 15 FEBRUARY 2006)
MELBOURNE (HEARD IN BROOME)
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IN THE FEDERAL COURT OF AUSTRALIA |
|
|
WESTERN AUSTRALIA DISTRICT REGISTRY |
WAD 6006 of 1998 and WAD 223 of 2004 |
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BETWEEN: |
FRANK SEBASTIAN AND OTHERS (See Schedule) APPLICANTS
|
|
AND: |
STATE OF WESTERN AUSTRALIA AND OTHERS (See Schedule) RESPONDENTS
|
|
JUDGE: |
MERKEL J |
|
DATE OF ORDER: |
13 FEBRUARY 2006 |
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WHERE MADE: |
MELBOURNE (HEARD IN BROOME) |
CORRIGENDUM
1 The word ‘Samson’ should be deleted and replaced with the word ‘Sansom’ in the following places in the Reasons for Judgement of 13 February 2006:
(a) para 28, line 4;
(b) para 55, line 10;
(c) para 62, line 1;
(d) para 62, line 3;
(e) para 86, line 1;
(f) para 87, line 1;
(g) para 87, line 3; and
(h) para 88, line 1.
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I certify that the preceding paragraph is a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Merkel. |
Associate:
Dated: 15 February 2006
SCHEDULE
APPLICANTS:
CORPUS, Michael
DJIAGWEEN, Cecilia
DJIAGWEEN, Francis
DODSON, Patrick
EDGAR, Elsie
EDGAR, Felix
HUNTER, Richard
ROE, Joseph
ROE, Joseph ‘Nipper’
ROE, Teresa
SADDLER, Thelma
SEBASTIAN, Frank
RESPONDENTS:
01 Government Interests – State of Western Australia
Aboriginal Affairs Department
Aboriginal Lands Trust
Commissioner of Main Roads
Electricity Corporation
Minister for Aboriginal Affairs
Minister for Energy
Minister for Fisheries
Minister for Lands
Minister for Mines
Minister for Transport
Minister for Water Resources
State of Western Australia
02 Government Interests – Commonwealth of Australia
Airservices Australia
02A Government Interests – Commonwealth of Australia
Commonwealth of Australia
02A Government Interests – Local Government
Shire of Broome
04 Indigenous Interests
Bilgungurr Aboriginal Corporation
Kimberley Land Council
MATSUMOTO, Peter
ROBINSON, Margaret Mary
ROE, Edward Leonard
05 Mining Interests
CONNOLLY, Peter Scott
COUNTY, Brian Stanley
Maple Oil Exploration NL (Administrators Appointed) (Receivers and Managers Appointed)
06 Pastoral Interests
CROOK, Reginald D
Thangoo Pty Ltd (Thangoo Station)
07 Telecommunications Industry Interests
Telstra Corporation Limited
08 Tourism Interests
Broome Crocodile Park
Cable Beach Jet Boat Charter
Dampier Creek Boat Tours
Kimberley Birdwatching
The Kimberley Connection Pty Ltd
09 Fishing Interests
Australian Ocean Exporters Pty Ltd
BLATCHFORD, Kevin
Broometime Charters
CANNEY, Pam
FRASER, Alan John
IGNOTI, Les
IGNOTI, Peter
IGNOTI, Russell
Kimberley Fish and Ice Supplies
Lenden Nominees Pty Ltd
Leveque Wilderness Fishing Charters
LEW, Ian
LITTLETON, Kyran R
MOORE, Gary
NEWTON, Ross
Pearl Coast Charters
Pearl Sea Coastal Cruises
WEIR, Neville
09A Fishing Interests
Western Australian Fishing Industry Council (Inc)
10 Pearling Interests
Australian Sea Pearls Pty Ltd
Broome Pearls Pty Ltd
Cygnet Bay Pearls
Paspaley Pearling Company Pty Ltd
Pearls Pty Ltd
Roebuck Pearl Producers Pty Ltd
Willie Creek Pearl Farm and Broome Coachlines
11 Petroleum Interests
E-Com Multi Limited
12 Non Party (For Information Only)
National Native Title Tribunal
FEDERAL COURT OF AUSTRALIA
Rubibi Community v State of Western Australia (No 6) [2006] FCA 82
CORRIGENDUM
FRANK SEBASTIAN AND OTHERS (SEE SCHEDULE) v STATE OF WESTERN AUSTRALIA AND OTHERS (SEE SCHEDULE)
WAD 6006 OF 1998 and WAD 223 OF 2004
MERKEL J
13 FEBRUARY 2006 (CORRIGENDUM 10 MAY 2006)
MELBOURNE (HEARD IN BROOME)
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
WESTERN AUSTRALIA DISTRICT REGISTRY |
WAD 6006 of 1998 and WAD 223 of 2004 |
|
BETWEEN: |
FRANK SEBASTIAN AND OTHERS (See Schedule) APPLICANTS
|
|
AND: |
STATE OF WESTERN AUSTRALIA AND OTHERS (See Schedule) RESPONDENTS
|
|
JUDGE: |
MERKEL J |
|
DATE OF ORDER: |
13 FEBRUARY 2006 |
|
WHERE MADE: |
MELBOURNE (HEARD IN BROOME) |
CORRIGENDUM
2 In paragraph 68, 4th line, replace ‘Taylor’ with ‘Tailor’.
3 In paragraph 92, 6th line, replace ‘Selma’ with ‘Thelma’.
4 In the list of appearances, counsel for the applicants, 3rd line, replace ‘Firth’ with ‘Frith’.
|
I certify that the preceding three (3) paragraphs are a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Merkel. |
Associate:
Dated: 10 May 2006
SCHEDULE
APPLICANTS:
CORPUS, Michael
DJIAGWEEN, Cecilia
DJIAGWEEN, Francis
DODSON, Patrick
EDGAR, Elsie
EDGAR, Felix
HUNTER, Richard
ROE, Joseph
ROE, Joseph ‘Nipper’
ROE, Teresa
SADDLER, Thelma
SEBASTIAN, Frank
RESPONDENTS:
01 Government Interests – State of Western Australia
Aboriginal Affairs Department
Aboriginal Lands Trust
Commissioner of Main Roads
Electricity Corporation
Minister for Aboriginal Affairs
Minister for Energy
Minister for Fisheries
Minister for Lands
Minister for Mines
Minister for Transport
Minister for Water Resources
State of Western Australia
02 Government Interests – Commonwealth of Australia
Airservices Australia
02A Government Interests – Commonwealth of Australia
Commonwealth of Australia
02A Government Interests – Local Government
Shire of Broome
04 Indigenous Interests
Bilgungurr Aboriginal Corporation
Kimberley Land Council
MATSUMOTO, Peter
ROBINSON, Margaret Mary
ROE, Edward Leonard
05 Mining Interests
CONNOLLY, Peter Scott
COUNTY, Brian Stanley
Maple Oil Exploration NL (Administrators Appointed) (Receivers and Managers Appointed)
06 Pastoral Interests
CROOK, Reginald D
Thangoo Pty Ltd (Thangoo Station)
07 Telecommunications Industry Interests
Telstra Corporation Limited
08 Tourism Interests
Broome Crocodile Park
Cable Beach Jet Boat Charter
Dampier Creek Boat Tours
Kimberley Birdwatching
The Kimberley Connection Pty Ltd
09 Fishing Interests
Australian Ocean Exporters Pty Ltd
BLATCHFORD, Kevin
Broometime Charters
CANNEY, Pam
FRASER, Alan John
IGNOTI, Les
IGNOTI, Peter
IGNOTI, Russell
Kimberley Fish and Ice Supplies
Lenden Nominees Pty Ltd
Leveque Wilderness Fishing Charters
LEW, Ian
LITTLETON, Kyran R
MOORE, Gary
NEWTON, Ross
Pearl Coast Charters
Pearl Sea Coastal Cruises
WEIR, Neville
09A Fishing Interests
Western Australian Fishing Industry Council (Inc)
10 Pearling Interests
Australian Sea Pearls Pty Ltd
Broome Pearls Pty Ltd
Cygnet Bay Pearls
Paspaley Pearling Company Pty Ltd
Pearls Pty Ltd
Roebuck Pearl Producers Pty Ltd
Willie Creek Pearl Farm and Broome Coachlines
11 Petroleum Interests
E-Com Multi Limited
12 Non Party (For Information Only)
National Native Title Tribunal
