Rose on behalf of the Gunai / Kurnai and Boonerwrung People v State of Victoria

REASONS FOR JUDGMENT 1 This application for a determination of Native Title under s 61 of the Native Title Act 1993 (Cth) was lodged with the National Native Title Tribunal (the Tribunal) on 17 March 1997. It has been marked over its entire history by an inability of the applicant group to cooperate to progress the application. On a number of occasions the Court has indicated that as a result of the inability of the Gunai/Kurnai, the Kurnai represented by Ms Pauline Mullett, and the Boonerwrung to work together to progress the application, it would be appropriate that the application be struck out. The Court so indicated at a directions hearing on 21 March 2011 and again on 21 June 2011. 2 Ms Mullett appeared today on behalf of the Kurnai. Mr McLean appeared as amicus for the Boonerwrung. There was no appearance by the Gunai/Kurnai. Both Ms Mullet and Mr McLean accepted that the application in its present form could not be moved forward, given the joint nature of the applicant group. The Court offered both the opportunity of an adjournment to allow for further argument on the question whether the application should in these circumstances be struck out by the Court, acting on its own motion, for want of prosecution. Both representatives agreed that the course suggested by the Court was appropriate in the circumstances. Consequently, the order of the Court will be that the matter be struck out. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.