FEDERAL COURT OF AUSTRALIA

Lovett on behalf of the Gunditjmara People v State of Victoria (No 2) [2010] FCA 1283

THE COURT ORDERS THAT:

1.    The Framlingham Aboriginal Trust has ceased to be a party to the application.

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.

REASONS FOR JUDGMENT

1    The Framlingham Aboriginal Trust was a party in application VID 6004 of 1998.

2    On 24 September 2010, the Court ordered that:

1.    Each respondent (other than the State of Victoria):

(a)    must confirm its intention to remain as a party to the proceeding by notifying the Registry of that intention in writing to 305 William Street, Melbourne, by 6 October 2010;

(b)    which fails to notify the Registry in accordance with (a) shall cease to be a party to the proceeding;

(c)    which ceases to be a party by operation (b) is accorded liberty to apply to be reinstated as a party.

3    And further ordered:

3.    Each respondent which confirms an intention to remain a party pursuant to order 1(a), also identify to the applicant and the State in writing by 6 October its parcel specific interest in relation to each allotment in the parcel list attached to the orders of 18 January 2007.

4.    Liberty to apply within 7 days to any respondent who seeks to demonstrate that compliance with the dates set out in orders 1(a) and 3 involves undue hardship.

4    In response to that order, on 6 October 2010, the Framlingham Aboriginal Trust wrote to the Deputy District Registrar indicating that it wished to remain a party to the proceedings. It also advised that it had difficulties in retaining its legal representative, but was seeking to rectify that position. It attached a list of what it said were parcel specific interests in relation to each allotment. In fact, the attachment to the letter simply listed all the parcels which are the subject of the application. It did not indicate any interest in respect of any of those parcels.

5    Then on 7 October 2010, the Court ordered, in response to the said letter, that the time limited by [3] of the orders of 24 September 2010, in relation to Framlingham Aboriginal Trust, be extended until 5 pm on 18 October 2010. The orders were as follows:

1    The time limited by Order 3 of Justice North of 24 September 2010 in relation to Powercor Australia Limited and the Commonwealth is extended until 5 pm on 18 October 2010.

2A    The time limited by Order 3 of Justice North of 24 September 2010 in relation to Framlingham Aboriginal Trust is extended until 5 pm on 18 October 2010.

2B    In default of compliance with Order 2A by the said Trust, the said Trust will cease to be a party to the Application unless it appears in Court at 10.15 am on 15 November 2010 and satisfies the Court that it should remain a party.

3    The directions hearing is adjourned to 10.15 am on 15 November 2010.

6     On that date the Deputy District Registrar received by fax a further letter which listed the details of parcel specific interests in the application area in exactly the same terms as the former letter, namely by simply listing all of the parcels the subject of the application. The Tribunal indicated that it had no legal representation and was making every endeavour to comply with the orders. The letter ended by saying:

The Trust will have a representative present at 10.15 on 15 November.

7    At the directions hearing today the Framlingham Aboriginal Trust and Neil Martin, the signatory to both letters, were called outside the Court and neither responded. Consequently, in accordance with [2B] of the orders of 7 October 2010, the Trust has ceased to be a party to the application.

Associate:

Dated:    15 November 2010