Strickland v Western Australia [1999] FCA 221

FEDERAL COURT OF AUSTRALIA

Strickland v Western Australia [1999] FCA 221 PROCEDURE- native title- combination of applications – whether court has relevant power – whether power to amend appropriate source

Words and Phrases : "combines" Native Title Act 1993 (Cth) s 64 Federal Court Rules O 13 r2, O78 r7

MARJORIE MAY STRICKLAND & ANNE JOYCE NUDDING (ON BEHALF OF THE MADUWONGGA PEOPLE) v THE PREMIER AND STATE OF WESTERN AUSTRALIA AND OTHERS

WG 76 OF 1997 and WG 63 OF 1998

R D NICHOLSON J 17 FEBRUARY 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG 76 OF 1997 and

WG 63 OF 1998

BETWEEN: MARJORIE MAY STRICKLAND & ANNE JOYCE NUDDING (ON BEHALF OF THE MADUWONGGA PEOPLE)

Applicants

AND: THE PREMIER AND STATE OF WESTERN AUSTRALIA AND OTHERS

Respondents

JUDGE: R D NICHOLSON J

DATE OF ORDER: 17 FEBRUARY 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. By consent the orders made on 12 February 1999, not having been entered, be vacated. 2. Order 1 under the heading "Consolidation of Claims" made on 3 July 1998 in each of applications WAG 76 of 1997 and WAG 63 of 1998 be revoked, and applications WAG 76 of 1997 and WAG 63 of 1998 be deconsolidated. 3. Application WAG 76 of 1997 be amended so that henceforth it is combined with and includes the applications previously made in applications WAG 63 of 1998 and WAG 6237 of 1998. 4. The said three applications be combined and continued in and under the application numbered WAG 76 of 1997. 5. Application WAG 76 of 1997 be amended to take the form set out in the Amended Native Title Determination Claimant Application ( Form 1) annexed to the affidavit of Dianne Baruffi filed in support of this application. 6. Service of the application on any party other than the Premier and the State of Western Australia be dispensed with. 7. The time for the service of this motion be abridged to the period between the service of the motion and the hearing of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.