FEDERAL COURT OF AUSTRALIA
Doyle & Ors on behalf of the Kalkadoon People #4 v State of Queensland
[2007] FCA 1941
QUD 579 OF 2005
DOWSETT J
2 NOVEMBER 2007
MT ISA
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD 579 OF 2005 |
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BETWEEN: |
WILLIAM DOYLE & ORS ON BEHALF OF THE KALKADOON PEOPLE #4 Applicant
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AND: |
STATE OF QUEENSLAND, CARPENTARIA SHIRE COUNCIL, CLONCURRY SHIRE COUNCIL, MCKINLAY SHIRE COUNCIL, VARIOUS PASTORALISTS, ETHEL PAGE & SONNY AH SAM, CARPENTARIA LAND COUNCIL ABORIGINAL CORPORATION, BOLNISI LOGISTICS PTY LIMITED, UNIVERSAL RESOURCES PTY LIMITED, ZINIFEX AUSTRALIA LIMITED, MIM EXPLORATION PTY LTD & MOUNT ISA MINES LIMITED, BUKA MINERALS (LADY LORETTA NO 2) PTY LTD, NEWCREST OPERATIONS LIMITED, NORANDA PACIFIC PTY LTD, MR JAMES TAYLOR, COMMONWEALTH OF AUSTRALIA, CS ENERGY MICA CREEK PTY LTD,ROVERTON PTY LTD, ERGON ENERGY CORPORATION LIMITED, BOULIA SHIRE COUNCIL, JOSEPH SANDHAM ROGERS, ITALO FOSCHI, QLACCA, ERNEST WILLIAM ARTHUR HOLT & ELISABETH JUNE HOLT, MDH PTY LTD & ARCHIBALD JAMES MCDONALD, MICHAEL JOSEPH MCKEON, TELSTRA CORPORATION LIMITED Respondents
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DOWSETT J |
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DATE OF ORDER: |
2 NOVEMBER 2007 |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The notice of motion filed on 11 August 2006 be dismissed.
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 |
QUD 579 OF 2005 |
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BETWEEN: |
WILLIAM DOYLE & ORS ON BEHALF OF THE KALKADOON PEOPLE #4 Applicant
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AND: |
STATE OF QUEENSLAND, CARPENTARIA SHIRE COUNCIL, CLONCURRY SHIRE COUNCIL, MCKINLAY SHIRE COUNCIL, VARIOUS PASTORALISTS, ETHEL PAGE & SONNY AH SAM, CARPENTARIA LAND COUNCIL ABORIGINAL CORPORATION, BOLNISI LOGISTICS PTY LIMITED, UNIVERSAL RESOURCES PTY LIMITED, ZINIFEX AUSTRALIA LIMITED, MIM EXPLORATION PTY LTD & MOUNT ISA MINES LIMITED, BUKA MINERALS (LADY LORETTA NO 2) PTY LTD, NEWCREST OPERATIONS LIMITED, NORANDA PACIFIC PTY LTD, MR JAMES TAYLOR, COMMONWEALTH OF AUSTRALIA, CS ENERGY MICA CREEK PTY LTD,ROVERTON PTY LTD, ERGON ENERGY CORPORATION LIMITED, BOULIA SHIRE COUNCIL, JOSEPH SANDHAM ROGERS, ITALO FOSCHI, QLACCA, ERNEST WILLIAM ARTHUR HOLT & ELISABETH JUNE HOLT, MDH PTY LTD & ARCHIBALD JAMES MCDONALD, MICHAEL JOSEPH MCKEON, TELSTRA CORPORATION LIMITED Respondents
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JUDGE: |
DOWSETT J |
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DATE: |
2 NOVEMBER 2007 |
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PLACE: |
MT ISA |
REASONS FOR JUDGMENT
1 This is a directions hearing in application QUD 579 of 2005 which is known as the Kalkadoon People # 4 claim. The application discloses that there were, prior to 26 November 2005, a number of earlier Kalkadoon claims in existence. It seems that on that day, at a meeting, resolutions were passed to discontinue or withdraw those claims and to commence a new claim which, as I understand it, is Kalkadoon People # 4 claim. Mr Taylor was a member of the applicant groups in respect of those earlier claims, or some of them, but is not a member of the applicant group for the Kalkadoon People #4 claim.
2 On 11 August 2006 Mr Taylor filed a notice of motion seeking to be joined as a party to the present proceedings and for an order that the proceedings be struck out for failure to comply with the requirements of the Native Title Act 1993 (Cth). An affidavit filed on the same day suggests that the basis for his claim is that lodgement of the claim was never authorized. However, he said, in qualification of that statement, that:
‘… as I believed, the authorised meetings called were only to resolve the overlapping boundaries and to consider and authorise changes to the current registered Kalkadoon native title claims.’
3 That is not a clear assertion that there was no meeting but, rather, an assertion that he had a particular understanding as to the purpose of the meeting. He also claims that there was no authorisation from the claim group to replace him as a descendant of Kitty Frog, one of the apical ancestors named in the current application. That is of no relevance for present purposes. He is clearly a member of the claim group, but he was not nominated by the claim group as an applicant. That is an end of the matter. If he wishes to revisit that position or to vary that position, he should seek to convene a meeting of the claim group and propose an appropriate resolution. In the circumstances, the motion is misconceived and should be dismissed.
4 I am satisfied that Mr Taylor has put before me the whole of his case and has articulately explained what it is that he has in mind. I do not believe that any injustice will be done to him if I dispose of the matter now.
5 For the reasons which I have given, the notice of motion will be dismissed.
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I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. |
Associate:
Dated: 6 December 2007
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Counsel for the Applicant: |
Mr D Rangiah |
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Solicitor for the Applicant: |
Michael Owens & Associates |
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Counsel for the State of Queensland: |
Mr M Prowse |
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Solicitor for the State of Queensland: |
Crown Law |
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Counsel for the Carpentaria Shire Council, Cloncurry Shire Council, McKinlay Shire Council: |
Mr A Kerr |
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Solicitor for the Carpentaria Shire Council, Cloncurry Shire Council, McKinlay Shire Council: |
MacDonnells Law |
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Counsel for the Various Pastoralists |
Mr M Boge |
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Solicitor for the Various Pastoralists |
Thynne & Macartney |
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Counsel for Ethel Page & Sonny Ali Sam |
Mr B Grenacs |
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Counsel for Ethel Page & Sonny Ali Sam |
Connolly’s Lawyers |
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Counsel for the Carpentaria Land Council Aboriginal Corporation |
Mr D Beckett |
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Solicitor for the Carpentaria Land Council Aboriginal Corporation |
Carpentaria Land Council Aboriginal Corporation |
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Counsel for MIM Exploration Pty Ltd & Mount Isa Mines Limited |
Mr B Lee |
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Solicitor for MIM Exploration Pty Ltd & Mount Isa Mines Limited |
Allens Arthur Robinson |
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Solicitor for the Buka Minerals (Lady Loretta No 2) Pty Ltd, Newcrest Operations Limited, Noranda Pacific Pty Ltd |
Zoe Farmer |
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Counsel for Mr James Taylor |
Mr J Taylor in person |
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Solicitor for Mr James Taylor |
Gun Lawyers |
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Date of Hearing: |
2 November 2007 |
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Date of Judgment: |
2 November 2007 |
