Wallace on behalf of the Boonthamurra People v State of Queensland

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.

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.