[2025] VSCA 220
General information, not legal advice.
Court of Appeal (Vic)
2025-09-12
Richards J, Emerton P, Walker JA
Original judgment source is linked above.
1. My contribution as an intervener will be useful and different from the contribution of the parties - and I have a direct interest in the proceedings because I and my People will purportedly under your law be bound by the court's decision and I also have an indirect interest because my legal interests are substantially affected as are those of my People.
2. The intervention would not unreasonably interfere with the conduct of the application or appeal - in fact it would clearly assist with the conduct of the application (and appeal if granted).
3. Any other matter that the Court of Appeal considers relevant.
My written submissions are set out in my application ... and my affidavit.
Oral submissions are more culturally appropriate and I will speak to the Court in person as is Our way.
I, Oongi Barb Flick of Gomeroi/Yawallyi/Bigambul Nations, holder of Knowledge particularly women's knowledge and traditions passed down from my Great Grandmother and my responsibility to pass this on to future generations affirm:
1. I make this affidavit in support of my Form 64B application dated 29 July 2025 to intervene in this King Charles genocide case in the Court of Appeal of the Supreme Court of Victoria.
2. I know that Dr Aunty Alma Thorpe, Uncle Robbie Thorpe, Senator the Honourable Lidia Thorpe, Tjilpi Murray George, Puralia Meenamatta of Lutruwita, Keiran Stewart-Assheton, Derek Cameron Tipper and Desmond Blurton, Balladong/Yuid Nyungah all support my application to intervene as do all the other proposed intervenors preparing their applications.
3. I believe that my intervention would be broadly supported by Our community across this continent and seen as essential.
4. One experience We all have in common is We have all experienced and continue to experience until you decide to stop your ongoing genocide against Us - your armed military invasion, your attempted occupation and destruction of Our Lands, your theft of Our Resources and your purported usurpation of Our Law, the ancient unchanging unchangeable law from this country.
(a) Barbara Flick, 'Colonisation and Decolonisation: An Aboriginal Experience' in Playing the State, Australian Feminists Interventions, edited by Sophie Watson (1990);
(b) Barb Flick, 'They Weren't Allowed In The Gate', Australian Education Union Annual Federal Conference, January 2001;
(c) Oongi Barb Flick, 'One Country, Two Laws: Challenges facing both Aboriginal people and the legal system as it exists today - a personal perspective and my family's activism', Carroll & O'Dea Lawyers Webinar Event, 5 July 2022; and
(d) Barbara Flick, 'Spiritual Healing: Land and Health', Healing our Spirit Worldwide Conference, Sydney, November 1994.
(a) the applicant's contribution as an intervener will be useful and different from the contribution of the parties;
(b) in addition, the applicant has an interest in the proceedings; and
(c) the proposed intervention would not unreasonably interfere with the conduct of the application or appeal and would, rather, 'assist with the conduct of the application (and appeal if granted)'.
My written submissions are set out in my application ... and my affidavit.
Oral submissions are more culturally appropriate and I will speak to the Court in person as is Our way.
Senator Lidia Thorpe's application for leave to intervene
Aunty Alma Thorpe's application for leave to intervene
Tjilpi Murray George's application for leave to intervene
Puralia Meenamatta's application for leave to intervene
Keiran Stewart-Assheton's application for leave to intervene
Derek Cameron Tipper's application for leave to intervene
Desmond Blurton's application for leave to intervene
[1] The proceeding was commenced in the name 'Uncle Robbie Thorpe'. In these reasons we will use that name to describe Mr Thorpe because we understand that is how he prefers to be addressed. No familiarity with, or disrespect to, him is intended by that usage.
[2] Thorpe v Magistrates' Court of Victoria [2025] VSC 22.
Thorpe
Magistrates' Court of Victoria [2025] VSCA 220