FEDERAL COURT OF AUSTRALIA
Atkinson on behalf of the Gunai/Kurnai People v State of Victoria (No 6) [2010] FCA 1036
| Citation: | Atkinson on behalf of the Gunai/Kurnai People v State of Victoria (No 6) [2010] FCA 1036 | |
| Parties: | GUNAI/KURNAI PEOPLES' NATIVE TITLE DETERMINATION APPLICATION #2 v STATE OF VICTORIA and ORS |
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| File number: | VID 482 of 2009 |
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| Judge: | NORTH J |
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| Date of judgment: |
16 September 2010 |
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| Legislation: | Native Title Act 1993 (Cth) | |
| Date of hearing: | 16 September 2010 | |
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| Date of last submissions: | 16 September 2010 | |
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| Place: |
Melbourne | |
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| Division: | GENERAL DIVISION | |
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| Category: | No Catchwords | |
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| Number of paragraphs: | 6 |
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| Counsel for the Applicant: | Mr T. Keely | |
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| Solicitor for the Applicant: |
Native Title Services Victoria | |
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| Solicitor for the Applicant for Joinder: | Mr A. J. Macken | |
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| Counsel for the First Respondent: |
Mr A.C. Neal SC |
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| Solicitor for the First Respondent: | Victorian Government Solicitor | |
| IN THE FEDERAL COURT OF AUSTRALIA |
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| VICTORIA DISTRICT REGISTRY |
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| GENERAL DIVISION | VID 482 of 2009 |
| GUNAI/KURNAI PEOPLES' NATIVE TITLE DETERMINATION APPLICATION #2 Applicant
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| AND: | STATE OF VICTORIA and ORS Respondents
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| JUDGE: | |
| DATE OF ORDER: | 16 SEPTEMBER 2010 |
| WHERE MADE: | MELBOURNE |
THE COURT ORDERS THAT:
Note:Settlement and
entry of orders is dealt with in Order 36 of the Federal Court
Rules.
The text of entered orders can be located using
Federal Law Search on the Court’s website.
| IN THE FEDERAL COURT OF AUSTRALIA |
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| VICTORIA DISTRICT REGISTRY |
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| GENERAL DIVISION | VID 482 of 2009 |
| BETWEEN: | GUNAI/KURNAI PEOPLES' NATIVE TITLE DETERMINATION APPLICATION #2 Applicant
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| AND: | STATE OF VICTORIA and ORS Respondents
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| JUDGE: | NORTH J |
| DATE: | 16 SEPTEMBER 2010 |
| PLACE: | MELBOURNE |
REASONS FOR JUDGMENT
1 Before the Court is an application under s 84(5) of the Native Title Act 1993 (Cth) by Clive Sydney Hammet to be joined as a respondent to this application for a determination of native title.
2 Section 84(5) provides that:
(5) The Federal Court may at any time join any person as a party to the proceedings, if the Court is satisfied that the person's interests may be affected by a determination in the proceedings and it is in the interests of justice to do so.
3 The details of the applicant’s interest are stated in its Form 5 Application dated 24 June 2010. It states as follows:
I am a registered apiarist No. H299 and use these public lands for my livelihood. I also hunt and fish in these public forests for game species such as duck, deer and feral animals such as rabbits and foxes. I also own and operate a water craft and $WD vehicle which requires access to this public land.
4 On 16 August 2010, the applicant appeared in Court and requested an adjournment of the application to provide further time for the applicant to prepare evidence. That adjournment was granted until 16 September 2010.
5 By letter, the Court was informed by the solicitor for the applicant that the applicant no longer wished to pursue its application for joinder.
6 Consequently, the application is dismissed.
| I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North. |
Associate:
Dated: 30 September 2010
