Wallace on behalf of the Boonthamurra People v State of Queensland [2017] FCA 796

FEDERAL COURT OF AUSTRALIA

File number:	QUD 435 of 2006

Judge:	REEVES J

Date of judgment:	22 June 2017

Catchwords:	PRACTICE AND PROCEDURE – application for leave by representative body to discontinue proceedings under r 26.12(4) of the Federal Court Rules 2011 (Cth) – where native title claim group has consented to proceeding being discontinued

Legislation:	Federal Court Rules 2011 (Cth)

Cases cited:	Wallace on behalf of the Boonthamurra People v State of Queensland [2015] FCA 600

Date of hearing:	22 June 2017

Registry:	Queensland

Division:	General Division

National Practice Area:	Native Title

Category:	Catchwords

Number of paragraphs:	2

Solicitor for the Applicant:	Mr T Wishart of Queensland South Native Title Services

Solicitor for the First Respondent:	Ms M Stinton of Crown Law

Solicitor for the Second Respondent:	The Second Respondent did not appear

Solicitor for the Third and Fourth Respondents:	The Third and Fourth Respondents did not appear

Solicitor for the Fifth to Nineteenth Respondents:	The Fifth to Nineteenth Respondents did not appear

Solicitor for the Twentieth Respondent:	The Twentieth Respondent did not appear

Solicitor for the Twenty-First Respondent:	The Twenty-First Respondent did not appear

ORDERS

		QUD 435 of 2006

BETWEEN:	MARK WALLACE AND BARBARA OLSEN ON BEHALF OF THE BOONTHAMURRA PEOPLE Applicant
AND:	STATE OF QUEENSLAND First Respondent BARCOO SHIRE COUNCIL Second Respondent QUILPIE SHIRE COUNCIL (and others named in the Schedule) Third Respondent

JUDGE:	REEVES J
DATE OF ORDER:	22 JUNE 2017

THE COURT ORDERS THAT:

1. The applicant have leave to discontinue the proceeding.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

EX TEMPORE REASONS FOR JUDGMENT

REEVES J:

1 I will treat this as an application for leave to discontinue the proceeding. The vast majority of this proceeding was dealt with in the consent determination made by Mansfield J in 2015: [2015] FCA 600. After that determination was made, the proceeding continued with respect to nine lots. The applicant now seeks to discontinue the remaining part of the proceeding. Since the applicant acts in a representative capacity on behalf of the native title claim group, leave to discontinue this proceeding is required under r 26.12(4) of the Federal Court Rules 2011 (Cth). I am satisfied that the applicant has consulted with the native title claim group and that the claim group has given its informed consent to the proceeding being discontinued. I am therefore satisfied that it is in the interests of justice that the applicant be given leave to discontinue the proceeding.

2 I therefore order that:

1. The applicant have leave to discontinue the proceeding.

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

Associate:

Dated: 14 July 2017

SCHEDULE OF PARTIES

	QUD 435 of 2006
Respondents
Fourth Respondent:	ERGON ENERGY CORPORATION LIMITED
Fifth Respondent:	AUSTRALIAN GASFIELDS LIMITED
Sixth Respondent:	BEACH PETROLEUM LIMITED
Seventh Respondent:	DELHI PETROLEUM PTY LTD
Eighth Respondent:	DOCE PTY LTD
Ninth Respondent:	DRILLSEARCH ENERGY LIMITED
Tenth Respondent:	GIDGEALPA OIL PTY LTD
Eleventh Respondent:	ICON ENERGY LIMITED
Twelfth Respondent:	INLAND OIL (PRODUCTION) PTY LTD
Thirteenth Respondent:	MAWSON PETROLEUM LIMITED
Fourteenth Respondent:	ORIGIN ENERGY RESOURCES LIMITED
Fifteenth Respondent:	SANTOS AUSTRALIAN HYDROCARBONS PTY LTD
Sixteenth Respondent:	SANTOS LIMITED
Seventeenth Respondent:	SANTOS PETROLEUM PTY LTD
Eighteenth Respondent:	SANTOS QNT PTY LTD
Nineteenth Respondent:	VAMGAS PTY LTD
Twentieth Respondent:	TELSTRA CORPORATION
Twenty-First Respondent:	IOR ENERGY PTY LTD

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