Ward, Ben & Ors v The State of Western Australia & Ors [1995] FCA 1064

CATCHWORDS PRACTICE AND PROCEDURE - preliminary questions - question of effect on native title of grant of pastoral lease - whether appropriate to determine questions in separate hearing. Administrative Decisions (Judicial Review) Act 1977 Judiciary Act 1903 s 39B The Land Act 1933 (W.A.) sub-s 106(2) Native Title Act 1993 ss 13, 61, 74 Carl Zeiss Stiftung v. Herbert Smith & Co. [1969] 1 Ch 93 Delgamuukw v. British Columbia (1993) 104 D.L.R. (4th) 470 Famel Pty. Ltd. v. Burswood Management Ltd. [1990] A.T.P.R. 41,004 Kruger v. The Commonwealth, Unreported (High Court of Australia, Brennan J., 4 October 1995) Mabo v. The State of Queensland (No. 1) (1988) 168 C.L.R. 186 Mabo v. The State of Queensland (No. 2) (1992) 175 C.L.R. 1 North Ganalanja Aboriginal Corporation v. The State of Queensland, Unreported (Federal Court of Australia, Full Court, 1 November 1995) Northern Territory v. Lane, Unreported (Federal Court of Australia, O'Loughlin J., 24 August 1995) Rocklea Spinning Mills Pty. Ltd. v. Anti-Dumping Authority (1995) 129 A.L.R. 401 Wik Peoples v. State of Queensland, Unreported (Federal Court of Australia, Drummond J., 26 May 1994) BEN WARD AND OTHERS ON BEHALF OF THE MIRIUWUNG GAJERRONG PEOPLES V. THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6001 OF 1995 LEE J. PERTH 21 DECEMBER 1995

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) NO. WAG 6001 OF 1995 B E T W E E N: BEN WARD AND OTHERS ON BEHALF OF THE MIRIUWUNG GAJERRONG PEOPLES Applicants and THE STATE OF WESTERN AUSTRALIA AND OTHERS Respondents MINUTE OF ORDER JUDGE MAKING ORDER: LEE J. DATE OF ORDER: 21 DECEMBER 1995 WHERE MADE: PERTH THE COURT ORDERS THAT:

1.(a) Notice of Motion of the first respondents filed 30 June 1995 be dismissed. (b) Costs reserved. 2.(a) Notice of Motion of the second respondent filed 30 June 1995 be dismissed. (b) Costs reserved. 3. The Commonwealth Attorney-General be given leave to intervene in this proceeding. THE COURT ORDERS THAT: The matter be set down for directions in Kununurra on 15 March 1995. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.