Ross on behalf of the Cape York United #1 Claim Group v State of Queensland

Ross on behalf of the Cape York United #1 Claim Group v State of Queensland - [2024] FCA 744 - FCA 2024 case summary — Zoe

[6]

The determination area is the land and waters described in Schedule 4 and depicted in the map attached to Schedule 6 to the extent those areas are within the External Boundary and not otherwise excluded by the terms of Schedule 5 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.
Native title exists in the Determination Area.
The native title is held jointly by the Kowanyama People and the Kunjen Olkol People described in Schedule 1 (the Native Title Holders).
Subject to orders 8, 9, and 10 below, the nature and extent of the native title rights and interests in relation to the Determination Area are the non-exclusive rights to: (a) access, be present on, move about on and travel over the area; (b) live and camp on the area and for those purposes to erect shelters and other structures thereon; (c) hunt, fish and gather on the land and waters of the area; (d) take the Natural Resources from the land and waters of the area; (e) take the Water of the area for personal, domestic and non-commercial communal purposes; (f) be buried and to bury Native Title Holders within the area; (g) maintain places of importance and areas of significance to the Native Title Holders under their traditional laws and customs on the area and protect those places and areas from harm; (h) teach on the area the physical and spiritual attributes of the area and the traditional laws and customs of the Native Title Holders to other Native Title Holders or persons otherwise entitled to access the area; (i) hold meetings on the area; (j) conduct ceremonies on the area; (k) light fires on the area for cultural, spiritual or domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and (l) be accompanied on to the area by those persons who, though not Native Title Holders, are: (i) Spouses of Native Title Holders; (ii) people who are members of the immediate family of a Spouse of a Native Title Holder; or (iii) people reasonably required by the Native Title Holders under traditional law and custom for the performance of ceremonies or cultural activities on the area.
The native title rights and interests are subject to and exercisable in accordance with: (a) the Laws of the State and the Commonwealth; and (b) the traditional laws acknowledged and traditional customs observed, respectively by the Native Title Holders
The native title rights and interests referred to in order 7 do not confer possession, occupation, use or enjoyment to the exclusion of all others.
There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 2 (the Other Interests).
The relationship between the native title rights and interests described in order 7 and the Other Interests described in Schedule 2 is that: (a) the Other Interests continue to have effect, and the rights conferred by or held under the Other Interests may be exercised notwithstanding the existence of the native title rights and interests; (b) to the extent the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title rights and interests continue to exist in their entirety but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency for so long as the Other Interests exist; and (c) the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests. THE COURT DETERMINES THAT:
The native title is not to be held on trust.
The Kowanyama People, Kunjen Olkol and Olkola Aboriginal Corporation (ICN: 10247), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to: (a) be the prescribed body corporate for the purpose of s 57(2) of the Native Title Act 1993 (Cth); and (b) perform the functions mentioned in s 57(3) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. LIST OF SCHEDULES Schedule 1 - Native Title Holders vii Schedule 2 - Other Interests in the Determination Area xi Schedule 3 - External Boundary xiv Schedule 4 - Description of Determination Area xvii Schedule 5 - Areas Not Forming Part of the Determination Area xviii Schedule 6 - Determination Area map xix

[7]

Schedule 1 - Native Title Holders

The Native Title Holders are, jointly, the Kowamyana People and the Kunjen Olkol People.
The Kowanyama People are those persons who comprise the people known as Yir Yoront (sometimes called Kokomenjen), Koko Bera, Kunjen and Koko Berrin Peoples. The Yir Yoront, Koko Bera, Kunjen and Koko Berrin Peoples are those Aboriginal people who are descended by birth, or adoption in accordance with the traditional laws acknowledged and the traditional customs observed by the Kowanyama People, from one or more of the following apical ancestors: (a) Solomon Minyalk; (b) Thin Mitin Mart; (c) Min Yal Panaurin; (d) Art Kadlaurin (e) any of the siblings Kal Koral, Kor Mart, Min Koko Taren or Mad Len; (f) Pow Mon Alithanem; (g) Kauan Kor Mar'pen; (h) any of the siblings Paul, Rio or Biddy; (i) Yor Kantl Yamen; (j) any of the siblings Mark, Barnabas or Kate; (k) Arthur, the father of Smiler Misson; (l) Luke; (m) any of the siblings Native, Wilson, Akul Edngan, Uyan or Ginger; (n) any of the siblings Major, Sergeant, Bobella or Gregory; (o) Mickey; (p) Boandonolly (aka Puntanolli); (q) George Black (aka Thamil Polp); (r) either of the brothers "Barramundi" Charlie or Lamp; (s) Gilbert; (t) Eagleman, the father of Barney Jubilee; (u) Joe Highbury; (v) Jackson; (w) Tent (aka Thol Kol Kith); (x) Bruno (aka Wurrpwin) (y) Min Kawlto Tower Moilin; (z) Wo Pam Mal Yamin; (aa) Mokara Hudson; (bb) either of the siblings George or Purt Ngon; (cc) Bob Patterson; (dd) Moses (aka War'luran); (ee) Yowalyamen; (ff) Jolly; (gg) either Mailman or his siblings; (hh) any of the siblings Stephen, Louie, Reubin (aka Robin), Jimmy Braddsley, Mabel Rio or Poppy; (ii) Old Mokara; (jj) Taw Wil Yir; (kk) Colin Dinghy; (ll) Fred Dunbar; (mm) Alick (aka Alec and Kauwunbengk); (nn) Goanna (aka Melder); (oo) Pluto; (pp) either Mundie Shalfo or his sister; (qq) Piper; (rr) Willie Daphney; (ss) any of the siblings Fanny, Lucy Tommy, Waterloo, Elsie or Tommy Burns; (tt) Nipper; (uu) Dick; (vv) Peppo; (ww) Ben; (xx) Smiler; (yy) Bernard; (zz) Monday; (aaa) Kangaroo; (bbb) Mosquito; (ccc) either of the brothers Billy Flower or Goggle-Eye or their siblings; (ddd) Jimmy; (eee) either of the brothers Rainbow Christie or Bowyang Charlie; (fff) Nellie; (ggg) either of the brothers Bob Dunbar or Bendigo or their siblings; (hhh) any of the siblings Jimmy Koolatah, Coglin Dick, Kunjen Dick or George Murray; (iii) Frank Yam; (jjj) Brumby (aka Jack Brumby) (kkk) Old Mud; (lll) Charlie Inkerman; (mmm) any of the siblings Mimosa, Alison or May; (nnn) Maggie; (ooo) Bonbatable; (ppp) Cecil (brother of Kangaroo); (qqq) Dr Dick; (rrr) Possensnek; (sss) Lily Goatboy (sibling of George Black); (ttt) Moses; or (uuu) Nellie Highbury (Patterson).
The Kunjen Olkol People are those Aboriginal persons who are descended by birth, or adoption in accordance with the traditional laws acknowledged and the traditional customs observed by the Kunjen Olkol People, from one or more of the following apical ancestors: (a) Maggie Johnson; (b) Kitty (wife of Bob Sellars); (c) Bob Sellars; (d) Dick Callaghan; (e) Topsy Callaghan; (f) Frank Yam; (g) Frank (father of Jimmy Koolatah, Coglin Dick and Kunjen Dick); (h) Bob Banjo Gordon; (i) Charlie (father of Jack Burton); (j) Willie Johnson (aka Jack Johnson); (k) Mo Billy (mother of Billy Flower and Goggleye); (l) Nellie (mother of Ada Lyall); (m) Mosquito; (n) Herbert Miller; (o) Tommy McKenzie; (p) Annie Burns (aka Annie Massey/Lawrence); (q) Brumby (aka Jack Brumby); (r) Jimmy 'Jack' Lefthand (aka Jack Dunbar); (s) Charlie (spouse of Topsy/Bessie); (t) Maggie (mother of Annie Ah Sam); (u) Nancy Gordon (spouse of Jack Burton); (v) Tommy Ketchup (spouse of Nellie); (w) Nellie (spouse of Tommy Ketchup);or (x) Hector Reynolds.

[8]

Schedule 2 - Other Interests in the Determination Area The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the Determination:

The rights and interests of Cook Shire Council and Carpentaria Shire Council: (a) under their local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Stock Route Management Act 2002 (Qld) and under any other legislation, for that part of the Determination Area within the area declared to be their Local Government Area: (b) as the: (i) lessor(s) under any leases which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not; (ii) grantor(s) of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not; (iii) party to an agreement with a third party which relates to land or waters in the Determination Area; (iv) holder(s) of any estate or any other interest in land, including as trustee of any Reserves, under access agreements and easements that exist in the Determination Area; (c) as the owner(s) and operator(s) of infrastructure, structures, earthworks, access works and any other facilities and other improvements located in the Determination Area validly constructed or established on or before the date on which these orders are made, including but not limited to any: (i) undedicated but constructed roads except for those not operated by the councils; (ii) water pipelines and water supply infrastructure; (iii) drainage facilities; (iv) watering point facilities; (v) recreational facilities; (vi) transport facilities; (vii) gravel pits operated by the councils; (viii) cemetery and cemetery related facilities; and (ix) community facilities; (d) to enter the land for the purposes described in paragraphs 1(a), (b) and (c) above by their employees, agents or contractors to: (i) exercise any of the rights and interests referred to in this paragraph 1 and paragraph 4 below; (ii) use, operate, inspect, maintain, replace, restore and repair the infrastructure, facilities and other improvements referred to in paragraph 1(c) above; and (iii) undertake operational activities in their capacity as a local government such as feral animal control, erosion control, waste management and fire management.
The rights and interests of the Corporation of the Kowanyama Aboriginal Community Council under the Land Act 1962 (Qld) as the holder of rolling term lease (PH 34/5545) for pastoral purposes over that part of Lot 12 on CTH804427 that falls within the External Boundary.
The rights and interests of Kowanyama Aboriginal Council under the Land Act 1962 (Qld) as the holder of rolling term lease (34/4829) for pastoral purposes over that part of Lot 29 on CTH804427 that falls within the External Boundary.
The rights and interests of the State of Queensland, Cook Shire Council and Carpentaria Shire Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads.
The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation: (a) the Aboriginal Land Act 1991 (Qld); (b) the Fisheries Act 1994 (Qld); (c) the Land Act 1994 (Qld); (d) the Nature Conservation Act 1992 (Qld); (e) the Forestry Act 1959 (Qld); (f) the Water Act 2000 (Qld); (g) the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld); (h) the Mineral Resources Act 1989 (Qld); (i) the Planning Act 2016 (Qld); (j) the Transport Infrastructure Act 1994 (Qld); and (k) the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld).
The rights and interests of members of the public arising under the common law, including but not limited to the following: (a) any subsisting public right to fish; and (b) the public right to navigate.
So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of this Determination, any existing rights of the public to access and enjoy the following places in the Determination Area: (a) waterways; (b) beds and banks or foreshores of waterways; (c) stock routes; and (d) areas that were public places at the end of 31 December 1993.
Any other rights and interests: (a) held by the State of Queensland or Commonwealth of Australia; or (b) existing by reason of the force and operation of the Laws of the State and the Commonwealth.

[14]

Schedule 5 - Areas Not Forming Part of the Determination Area The following areas of land and waters are excluded from the Determination Area as described in Schedule 4:

Those land and waters within the External Boundary in relation to which one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth) was done and was attributable to either the Commonwealth or the State, and to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied, as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).
Specifically, and to avoid any doubt, the land and waters described in paragraph (1) above includes: (a) the Previous Exclusive Possession Acts described in ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies, and to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied. (b) the land and waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth).
Those land and waters within the External Boundary that were excluded from the Native Title Determination Application on the basis that, at the time of the Native Title Determination Application, they were an area where native title rights and interests had been wholly extinguished, and to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied, including, but not limited to: (a) any area where there had been an unqualified grant of estate in fee simple which wholly extinguished native title rights and interests; and (b) any area over which there was an existing dedicated public road which wholly extinguished native title rights and interests.

[16]

THE MATERIAL BEFORE THE COURT 5 The applications for this group of consent determinations were supported by two sets of submissions filed by the applicant on 3 June 2024: one in relation to seven of the determinations, and another relating to the Southern Kaantju #2 determination. The State also filed submissions on 7 June 2024. The Court has been assisted by the parties' submissions, and the material provided. 6 The applicant relied on a number of affidavits dealing with matters relevant to the determinations. First, an affidavit of Ms Kirstin Donlevy Malyon affirmed on 3 June 2024 (2024 Malyon affidavit). Second, an affidavit of Mr Parkinson Wirrick affirmed on 31 May 2024. Third, paragraphs [5] to [30] of an affidavit filed earlier in these proceedings by Ms Malyon on 27 October 2021 regarding the re-authorisation process undertaken by the applicant in the period from April to September 2021 (2021 Malyon affidavit). The State relied on an affidavit of Ms Carrie Tobler affirmed on 5 June 2024. 7 Ms Malyon is the Principal Legal Officer at the Cape York Land Council, and has had carriage of the Cape York United #1 claim. In the 2024 Malyon affidavit, she deposes to the process undertaken for determining appropriate group and boundary descriptions for each determination, and describes the way in which the Kunjen Olkol and Kowanyama People jointly held area s 87A agreement was approved, including pre-authorisation and authorisation meetings. She deposes to how the Kowanyama People, Kunjen Olkol and Olkola Aboriginal Corporation (ICN 10257) was nominated as the prescribed body corporate (PBC) for the Kunjen Olkol and Kowanyama People jointly held area determination. She annexes to her affidavit the notice of nomination for that PBC and its consent to act as the relevant PBC for the determination area. 8 In relation to the Kunjen Olkol and Kowanyama People jointly held area determination, the applicant relied on a range of material to demonstrate there was a credible basis for the connection of the Olkola, Kunjen Olkol and Kowanyama Peoples to the relevant determination areas, and to establish what material had been available to the State for the purposes of the s 87A agreements. I have canvassed that material in the individual determinations made for each of these groups. 9 It is apparent from the dates of some of this material that a careful and iterative process has been undertaken by the applicant, addressing any concerns of the State, explaining how debates with the neighbours of the Olkola, Kunjen Olkol and Kowanyama People have been resolved, including debates over shared country, and ensuring that there was adequate material to support, in particular, the boundary and group descriptions proposed for these determinations.

[19]

The authorisation of the Cape York United #1 applicant 15 The applicant's authority to enter into the Kunjen Olkol and Kowanyama People jointly held area s 87A agreement stems from the re-authorisation process undertaken between April and September 2021, in respect of the claim as a whole. Ms Malyon describes this process in the 2021 Malyon affidavit, and the Court described and endorsed it in Kuuku Ya'u determination at [30]-[37] and Uutaalnganu determination at [28]-[35]. In those determinations, I agreed with the State's submission that the weight of authority supports the view that the Native Title Act affords flexibility to shape the content of an ultimate determination of native title, provided there is compliance with s 94A and s 225 of the Act. For that reason, I agreed with the State's submission that the re-authorisation process for the applicant was lawful, and compliant with the Native Title Act. The applicant's submissions also supported this approach, unsurprisingly. No objections were made by any other parties to the determinations. 16 Nevertheless, in Kuuku Ya'u determination at [38]-[50] and Uutaalnganu determination at [36]-[48], I explained why I considered it also appropriate to make orders under s 84D(4) of the Native Title Act to deal with any uncertainty arising from differences between the claim group description in the original Cape York United #1 application and those in the proposed s 87A determinations at a more local level, in light of the change in the way the claim was proceeding and the re-authorisation process. 17 Those orders were made under s 84D(4) out of an abundance of caution and to avoid any doubt about the validity of the s 87A determinations. At [50] in Kuuku Ya'u determination and [48] in Uutaalnganu determination, I said: It is plainly in the interests of the administration of justice to do so, in circumstances where the overall Cape York United #1 claim is gargantuan, and has already consumed seven years' worth of resources, mostly sourced from public funds. Substantial, dedicated and methodical efforts have been made to comply with the requirements of the Native Title Act in each step along the way to these first two determinations. Despite significant factual and legal challenges, the two key parties have navigated a consensual path to the recognition of native title for the Kuuku Ya'u and Uutaalnganu (Night Island) groups. All other respondents have been consulted and given opportunities to participate in the process as it has progressed. They have been included in steps in the complex timetables. All consent to the Kuuku Ya'u and Uutaalnganu (Night Island) determinations. If ever there was a situation in the Court's native title jurisdiction where a favourable exercise of discretion by the Court is appropriate to ensure resolution of a claim to which all parties agree, this is that situation. 18 Similar orders are sought in each of the eight determinations being made in July 2024. The State agreed with this proposal. I adopt the above reasons in each of the eight determinations now made. For the reasons given in the extract above, I continue to consider such orders are appropriate.

[21]

THE APPLICABLE REQUIREMENTS OF SECTION 87A 20 Section 87A applies to an agreement reached "at any stage" of an existing proceeding for a proposed determination of native title in relation to an area (the determination area) that is "part of, but not all of", the area covered by the native title determination application under s 61 of the Native Title Act. 21 Sub-section 87A(1) requires: (a) the existence of a proceeding in relation to an application for a determination of native title; (b) after the period specified in a notice given under s 66 of the Act, an agreement in writing for a proposed determination of native title in relation to part, but not all, of the application area; (c) all those set out in sub-s 87A(1)(c) who are parties to the proceeding are also parties to the s 87A agreement; and (d) that the terms of the agreement are in writing and signed by, or on behalf of, the requisite parties to the proceeding. 22 Sub-section 87A(2) allows for the parties to file a proposed determination of native title, as they have done on this application. 23 Sub-sections 87A(4) to (6) provide: (4) The Court may make an order in, or consistent with, the terms of the proposed determination of native title without holding a hearing, or if a hearing has started, without completing the hearing, if the Court considers that: (a) an order in, or consistent with, the terms of the proposed determination would be within its power; and (b) it would be appropriate to do so. Note: As the Court's order involves making a determination of native title, the order needs to comply with section 94A (which deals with the requirements of native title determination orders). (5) Without limiting subsection (4), if the Court makes an order under that subsection, the Court may also make an order under this subsection that gives effect to terms of the agreement that involve matters other than native title if the Court considers that: (a) the order would be within its power; and (b) it would be appropriate to do so. (6) The jurisdiction conferred on the Court by this Act extends to making an order under subsection (5).

[24]

Sub-section 87A(4)(b): appropriate to make the orders sought 27 In reasons for a determination in favour of the Nanda People in Western Australia, I set out my approach to the question of "appropriateness" and the Court's function: see Drury on behalf of the Nanda People v State of Western Australia [2018] FCA 1849 at [52]-[56], by reference to earlier authorities. In Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42 at [63]-[65], I explained the particular importance of the role of the State in the consent determination process. As I did in the Kuuku Ya'u and Uutaalnganu determinations, I adopt and apply the observations I made in Drury and Taylor here. 28 In relation to the eight determinations, I am satisfied all parties have adopted a methodical and careful approach to group description, boundary description and resolution of boundary disputes, connection and tenure, including for the Kunjen Olkol and Kowanyama People jointly held area determination. The respective group members have had carefully planned opportunities to participate in decision-making about the proposed s 87A agreements, and especially about the boundary and group descriptions. For shared country, this process has been especially important, and I am satisfied it has been available to group members. Group members have been well supported to participate, if they chose to do so. Other active respondents have been consulted and given the opportunity to comment on matters affecting their interests. 29 The Court affords considerable weight to the position taken by the State in supporting the applications for determination of native title, on behalf of all members of its community. I described the importance of the State's role in Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 10) [2022] FCA 1129 at [6], [56]. I adhere to those views. The role of the State of Queensland in the detailed step-by-step process in the Cape York United #1 claim has involved considerable human and financial resources, and the Court acknowledges its dedication to assisting group members to secure determinations of native title wherever possible. Other respondents to the Cape York United #1 claim have also derived considerable benefit from the tremendous contribution by the State, which has relieved those respondents of a great deal of work. The Court can be confident the State has reached a carefully considered view before agreeing to these determinations.

[28]

SCHEDULE OF PARTIES QUD 673 of 2014 Third Respondent: AURUKUN SHIRE COUNCIL Fourth Respondent: CARPENTARIA SHIRE COUNCIL Fifth Respondent: COOK SHIRE COUNCIL Sixth Respondent: DOUGLAS SHIRE COUNCIL Seventh Respondent: KOWANYAMA ABORIGINAL SHIRE COUNCIL Eighth Respondent: NAPRANUM ABORIGINAL SHIRE COUNCIL Ninth Respondent: PORMPURAAW ABORIGINAL SHIRE COUNCIL Tenth Respondent: WUJAL WUJAL ABORIGINAL SHIRE COUNCIL Eleventh Respondent: ERGON ENERGY CORPORATION LIMITED ACN 087 646 062 Twelfth Respondent: FAR NORTH QUEENSLAND PORTS CORPORATION LIMITED (TRADING AS PORTS NORTH) Thirteenth Respondent: TELSTRA CORPORATION LIMITED Fourteenth Respondent: ALCAN SOUTH PACIFIC Fifteenth Respondent: BRANDT METALS PTY LTD Nineteenth Respondent: LANCE JEFFRESS Twentieth Respondent: RTA WEIPA PTY LTD Twenty First Respondent: AUSTRALIAN WILDLIFE CONSERVANCY Twenty Second Respondent: MICHAEL MARIE LOUIS DENIS BREDILLET Twenty Fifth Respondent: GRAHAM EDWARD ELMES Twenty Eighth Respondent: MARGARET ANNE INNES Twenty Ninth Respondent: COLIN INNES Thirtieth Respondent: KIM KERWIN Thirty First Respondent: WENDY EVA KOZICKA Thirty Second Respondent: CAMERON STUART MACLEAN Thirty Third Respondent: MICHELLE MARGARET MACLEAN Thirty Fourth Respondent: BRETT JOHN MADDEN Thirty Fifth Respondent: RODNEY GLENN RAYMOND Thirty Sixth Respondent: EVAN FRANK RYAN Thirty Seventh Respondent: PAUL BRADLEY RYAN Thirty Eighth Respondent: SUSAN SHEPHARD Thirty Ninth Respondent: SCOTT EVAN RYAN Fortieth Respondent: BARBARA JOAN SHEPHARD Forty First Respondent: NEVILLE JAMES SHEPHARD Forty Second Respondent: THOMAS DONALD SHEPHARD Forty Fourth Respondent: THE TONY AND LISETTE LEWIS SETTLEMENT PTY LIMITED ACN 003 632 344 Forty Fifth Respondent: MATTHEW TREZISE Forty Sixth Respondent: BOWYER ARCHER RIVER QUARRIES PTY LTD ACN 603 263 369 Forty Ninth Respondent: GAVIN DEAR Fiftieth Respondent: SCOTT ALEXANDER HARRIS Fifty First Respondent: DEBORAH LOUISE SYMONDS Fifty Second Respondent: MICHAEL JOHN MILLER Fifty Fifth Respondent: ESTHER RUTH FOOTE Fifty Sixth Respondent: AMPLITEL PTY LTD AS TRUSTEE OF THE TOWERS BUSINESS OPERATING TRUST (ABN 75 357 171 746) Fifty Eighth Respondent: OLKOLA ABORIGINAL CORPORATION

At a glance

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Judgment (28 paragraphs)

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Legislation Cited (20)

Cases Cited (7)

Cited By (1)