Carpentaria Land Council Aboriginal Corp & Ors v State of Queensland [1998] FCA 919

Carpentaria Land Council Aboriginal Corp & Ors v State of Queensland [1998] FCA 919

Because the Queensland election on 13 June 1998 made it impossible to obtain instructions from the State Government on material aspects of the matter, it was fair and appropriate to extend until 8 July 1998 both the time for any party to file and serve a notice of appeal and the time for the Council to file and serve its written undertaking, thereby delaying the operation of the injunction that would otherwise commence on 24 June 1998.

Jurisdiction
Australia
Judgment Date
22 June 1998
Procedural Posture
Practice and Procedure Application Concerning Extension of Time for Notice of Appeal and Undertaking Following Orders Restraining Road and Bridge Works Affecting Native Title Rights and Interests / Post Judgment Application After Orders Made on 3 June 1998
Outcome
Application granted; time for notice of appeal and for the Council's undertaking extended to 8 July 1998; costs to be costs in any appeal.
Legal Topics
['extension of Time' 'notice of Appeal' 'stay of Orders' 'undertaking to Negotiate in Good Faith' 'injunction' 'native Title Rights and Interests' 'road and Bridge Works' 'notice of Intended Resumption']
['practice and Procedure' 'native Title'] ['extension of Time' 'notice of Appeal' 'stay of Orders' 'undertaking to Negotiate in Good Faith' 'injunction' 'native Title Rights and Interests' 'road and Bridge Works' 'notice of Intended Resumption']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure Application Concerning Extension of Time for Notice of Appeal and Undertaking Following Orders Restraining Road and Bridge Works Affecting Native Title Rights and Interests / Post Judgment Application After Orders Made on 3 June 1998

Legal Issues

  1. 1 ['Whether the time for filing and serving a notice of appeal should be extended after the Queensland election made it impossible to obtain State Government instructions on material aspects of the matter.' 'Whether the time for the Council of the Shire of Burke to file and serve its undertaking to negotiate in good faith should be extended, effectively staying the operation of the injunction for a short period.']

Ratio Decidendi

Because the Queensland election on 13 June 1998 made it impossible to obtain instructions from the State Government on material aspects of the matter, it was fair and appropriate to extend until 8 July 1998 both the time for any party to file and serve a notice of appeal and the time for the Council to file and serve its written undertaking, thereby delaying the operation of the injunction that would otherwise commence on 24 June 1998.

Court Disposition

Application granted; time for notice of appeal and for the Council's undertaking extended to 8 July 1998; costs to be costs in any appeal.

Orders

  • ['The time for the filing and serving of a notice of appeal by any party in respect of the orders made on 3 June be extended up to and including 8 July 1998.' 'The time by which the second respondent may file and serve a written undertaking to the Court in the terms contemplated in the order made on 3 June be...