Walker v State of Queensland [2006] FCA 1769

FEDERAL COURT OF AUSTRALIA

EILEEN WALKER, HAZEL DOUGLAS, PETER FISCHER, RAYMOND PIERCE, AGNES WALKER AND JOHN WALKER JNR ON BEHALF OF THE YALANJI PEOPLES v STATE OF QUEENSLAND, COOK SHIRE COUNCIL, DOUGLAS SHIRE COUNCIL, WUJAL WUJAL ABORIGINAL COUNCIL, ERGON ENERGY CORPORATION LIMITED, TELSTRA CORPORATION LTD, BURUNGU ABORIGINAL CORPORATION, RUSSELL DAVID O'DOHERTY, ODETTE CATHERINE PHILLPOT, ARNFRIED BRENDECKE, VERNON JOHN GOODYEAR, TERRY ANNE ROGERS, KEVIN JOHN BRANDT, ROBERT ALFRED HARLOW, ANDREW ALAN MARSHALL AND RODERICK WILLIAM MCLEAN

QUD 6008 OF 1998

ALLSOP J

14 DECEMBER 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	QUD 6008 OF 1998

BETWEEN:	EILEEN WALKER, HAZEL DOUGLAS, PETER FISCHER, RAYMOND PIERCE, AGNES WALKER AND JOHN WALKER JNR ON BEHALF OF THE YALANJI PEOPLES Applicant
AND:	STATE OF QUEENSLAND First Respondent COOK SHIRE COUNCIL Second Respondent DOUGLAS SHIRE COUNCIL Third Respondent WUJAL WUJAL ABORIGINAL COUNCIL Fourth Respondent ERGON ENERGY CORPORATION LIMITED Fifth Respondent TELSTRA CORPORATION LTD Sixth Respondent BURUNGU ABORIGINAL CORPORATION Seventh Respondent RUSSELL DAVID O'DOHERTY Eighth Respondent ODETTE CATHERINE PHILLPOT Ninth Respondent ARNFRIED BRENDECKE Tenth Respondent VERNON JOHN GOODYEAR Eleventh Respondent TERRY ANNE ROGERS Twelfth Respondent KEVIN JOHN BRANDT Thirteenth Respondent ROBERT ALFRED HARLOW Fourteenth Respondent ANDREW ALAN MARSHALL Fifteenth Respondent RODERICK WILLIAM MCLEAN Sixteenth Respondent
JUDGE:	ALLSOP J
DATE OF ORDER:	14 DECEMBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to section 66B Native Title Act 1993 (Cth) the name of Mr Raymond Pierce be removed as one of the individuals who jointly comprise the applicant, on the grounds that he is no longer authorised by the claim group to make the application and deal with matters arising in relation to it, and the existing applicant be replaced by Agnes Walker, Eileen Walker, Hazel Douglas, John Walker Jnr and Peter Fischer.

2. Pursuant to section 66B(4) Native Title Act 1993 (Cth) the Native Title Registrar be directed to amend the Register of Native Title Claims in accordance with Order 1 forthwith by removing the name of Raymond Pierce from the Register.

3. There be no order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	QUD 6008 OF 1998

BETWEEN:

EILEEN WALKER, HAZEL DOUGLAS, PETER FISCHER, RAYMOND PIERCE, AGNES WALKER AND JOHN WALKER JNR ON BEHALF OF THE YALANJI PEOPLES

Applicant

AND:

STATE OF QUEENSLAND

First Respondent

COOK SHIRE COUNCIL

Second Respondent

DOUGLAS SHIRE COUNCIL

Third Respondent

WUJAL WUJAL ABORIGINAL COUNCIL

Fourth Respondent

ERGON ENERGY CORPORATION LIMITED

Fifth Respondent

TELSTRA CORPORATION LTD

Sixth Respondent

BURUNGU ABORIGINAL CORPORATION

Seventh Respondent

RUSSELL DAVID O'DOHERTY

Eighth Respondent

ODETTE CATHERINE PHILLPOT

Ninth Respondent

ARNFRIED BRENDECKE

Tenth Respondent

VERNON JOHN GOODYEAR

Eleventh Respondent

TERRY ANNE ROGERS

Twelfth Respondent

KEVIN JOHN BRANDT

Thirteenth Respondent

ROBERT ALFRED HARLOW

Fourteenth Respondent

ANDREW ALAN MARSHALL

Fifteenth Respondent

RODERICK WILLIAM MCLEAN

Sixteenth Respondent

JUDGE:	ALLSOP J
DATE:	14 DECEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1 An amended notice of motion has been filed seeking orders in effect for the removal of Mr Raymond Pearce from the applicant group. The mechanism of this will be for the replacement of the remaining five applicants for the existing six. There have been filed a number of affidavits which will be taken as read on the application, they being the affidavit of Hazel Douglas, affirmed 12 December 2006; Agnes Walker, sworn 10 December 2006; John Walker Junior, sworn 12 December 2006; Eileen Walker, sworn 10 December 2006 and Peter Fischer, sworn 11 December 2006. There are various other statements which have been supplied which I have read and that I have noted.

2 On the basis of the material that has been placed before the Court to which I have referred and in the absence of opposition of any party I make orders in accordance with paragraphs 1 and two of the amended notice of motion filed on 11 December 2006 and I make no order as to costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop J.

Associate:

Dated: 20 December 2006

Counsel for the Applicant:	Ms S Phillips

Solicitor for the Applicant:	Cape York Land Council

Counsel for the First Respondent:	Ms M Gittins

Solicitor for the First Respondent:	Crown Solicitor of Queensland

Counsel for the Second, Third and Fifth Respondents:	Mr A Kerr

Solicitor for the Second, Third and Fifth Respondents:	MacDonnells Solicitors

Counsel for the Fourth and Seventh Respondents:	Mr M Neal

Solicitor for the Fourth and Seventh Respondents:	P & E Law

Counsel for the Sixth Respondent:	No appearance

Solicitor for the Sixth Respondent:	Blake Dawson Waldron Lawyers

Counsel for the Eighth to Sixteenth Respondents:	Mr D Kempton

Solicitor for the Eighth to Sixteenth Respondents:	David Kempton Solicitors

Date of Hearing:	14 December 2006

Date of Judgment:	14 December 2006

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