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Brown v State of Victoria [2013] FCA 1457

Year
2013
Jurisdiction
Victoria
Forum
Federal Court
Legislation considered
Federal Court Rules 2011 (Cth)
Summary

North J

In this matter North J considered a request by the Bunerong people to discontinue an application they had filed on 15 June 2006 for a determination of native title over the area of Port Phillip Bay in the State of Victoria.

The Court noted that it was always contemplated that the application would be resolved by an agreement between the Bunurong and the Boon Wurrung peoples.

The Bunerong and Boon Wurrung peoples had engaged in discussions facilitated by the Victorian Government’s Right People for Country project (RPFC project) and bodies corporate were formed representing each group as a first step to a cooperative arrangement between the two groups. 

Following a break down in discussions the Boon Wurrung people indicated that they were not prepared to engage in further discussions with the Bunurong people. This position was recognised by the RPFC project.

The Bunurong people therefore sought to discontinue their application. The State of Victoria consented.

In the circumstances, the Court agreed to make the order sought.

Orders

The  Bunurong application is discontinued with no order as to costs.