Griffiths, Mortimer and White JJ
On 20 May 2019, the Court published its reasons for judgment in this matter (see Northern Land Council v Quall [2019] FCAFC 77). The Court indicated that the appeal should be dismissed and the cross-appeal allowed. It also indicated that the appellants’ interlocutory application dated 27 September 2018 should be dismissed. It stated at [140] that a declaratory order should be made along the lines of those sought in the notice of cross-appeal.
By an email dated 17 June 2019, the solicitor for the respondents forwarded a minute of proposed final orders which were said to be consented to by the respondents and the Northern Territory. The Northern Land Council neither consented to the making of the orders in the proposed form, nor did it propose to make a submission in opposition to them.
The terms of the proposed declaratory order are narrower than what is expressed at [136] of the joint reasons for judgment of Griffiths and White JJ (with whom Mortimer J generally agreed). The Court confirmed the views expressed at [136], but is prepared to make a declaratory order in substantially similar terms to those proposed by the respondents and the Northern Territory. Subject to that qualification, final orders will otherwise be made as proposed by the respondents and the Northern Territory.