Anderson on behalf of the Wulli Wulli People v State of Queensland

REASONS FOR JUDGMENT 1 In Anderson v Queensland (2011) 197 FCR 404 I made an order dismissing the notice of motion which was before the Court. Pursuant to an interlocutory application filed 14 October 2011 the successful respondents to that motion now seek an order that Queensland South Native Title Services ("QSNTS"), the legal representative of the applicants to the motion, pay the costs of the respondents to the motion fixed in the amount of $30,970. In particular, they seek the following orders: 1. Queensland South Native Title Services Limited pay the costs of the respondents to the notice of motion filed 29 June 2011 of responding to the affidavits of Shahzad Rind filed 24 June 2011, Desmond James Dodd and Jeffrey Williams filed 30 June 2011 and Elliott Anderson filed 1 July 2011 (identified in annexure "CH1" to the affidavit of Colin Hardie filed 17 October 2011), fixed in the amount of $30,970.00, alternatively to be taxed if not agreed. 2. Such other orders as the Court deems fit. 2 In order to avoid confusion, I shall refer to the successful respondents to the motion (who are applicants to the interlocutory application currently before the Court) as "the respondents to the motion". Similarly, I shall refer to the unsuccessful applicants to the motion (who are the respondents to the interlocutory application currently before the Court) as "the applicants to the motion".

Background 3 The nature of the original dispute the subject of the substantive judgment in Anderson and the identity of the parties to that dispute are explained in that judgment. Relevantly for the purposes of this proceeding, the applicants to the motion were 3 of the 15 persons constituting the applicant to the Native Title Determination Application in the Wulli Wulli claim, and the respondents to the motion the remaining 12 of those 15. The applicants to the motion had, unsuccessfully, sought an order that: The "Notice of Change of Service Address" (sic) filed by Just Us Lawyers on 24 May 2011: a. Was not authorised by the applicant in the Native Title Determination of the Wulli Wulli People (QUD 6006 of 2000); b. Is of no effect; and c. Is to be removed by the Registrar. 4 At the time the notice of motion was heard by the Court the applicants to the motion were represented by QSNTS. QSNTS had represented the native title determination applicant, and the question whether this particular representation would continue was the key issue in the case. QSNTS is a representative Aboriginal/Torres Strait Islander body under Pt 11 of the Native Title Act 1993 (Cth) ("Native Title Act") by virtue of the operation of s 203AD of that Act. QSNTS was not a party to the proceedings. 5 Specific background facts to which the respondents to the motion refer in their submissions are as follows: 23 June 2011 Notice of Change of Service Address filed by Just Us Lawyers Affidavit of Elizabeth Law filed 24 June 2011 Directions Hearing before Collier J (in relation to proceedings QUD 6006 of 2000 and QUD 6009 of 2000) Affidavit of Shahzad Rind, sworn 24 June 2011, filed in Court Counsel for QSNTS raised concerns with Mr Hardie's standing as solicitor on the record for the Wulli Wulli people, on the basis that there was an absence of understanding and informed consent of a number of persons comprising the Applicant in withdrawing QSNTS's instructions and instructing Mr Hardie. Orders of Justice Collier - requiring QSNTS to file an application for removal of Just Us Lawyers as solicitors on the record, and directing the filing of material (in the case of Just Us Lawyers, by 8 July 2011) 29 June 2011 Notice of Motion filed by QSNTS - seeking an order that the Notice of Change of Service Address filed by Just Us Lawyers, is of no effect and be removed by the Registrar 30 June 2011 Affidavits of Desmond Dodd and Jeffrey Williams filed (QSNTS) 1 July 2011 Affidavit of Elliot Anderson filed (QSNTS) 7 July 2011 Affidavits of Jill Wilson, Ivan Graham Saltner, Elizabeth Kaye Blucher, Elizabeth Law, Robert Arnold Bond, Marjorie Faye Reid, Malcolm Collinge and Fiona Powell (Anthropologist) filed (Just Us Lawyers) 8 July 2011 Affidavits of Brian Allen Clancy, Robert William Clancy, Neil Saltner, Jonathan Clive Stanley James Fulcher, Colin Stanley Hardie and Margarita Susanna Escartin filed (Just Us Lawyers) 8 July 2011 Affidavit of Drew Millar sworn (filed 11 July 2011) 8 July 2011 Directions Hearing before Collier J - during which Mr O'Gorman SC, counsel for QSNTS, indicated that "we will not be relying upon those affidavits" (ie the affidavits filed by QSNTS in support of the notice of motion filed 29 June 2011) "But rather rely upon the undisputed fact that three of the 15 people in question certainly have not provided authorisation for my friend to act for them. Therefore, he cannot act for the group." Mr O'Gorman SC also indicated QSNTS would not be relying on Mr Rind's affidavit. 13 July 2011 Hearing of the notice of motion Senior Counsel for the applicants on the notice of motion indicates to the court that "the material we rely upon is merely the notice of motion".