Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Drury v State of Western Australia [2000] FCA 132
NATIVE TITLE – practice and procedure – amendment of applications – whether necessary for applicants to swear fresh verifying affidavits for all classes of amendment – no such mandate under the statute save for replacement of applicants – discretion of court to direct filing of supporting affidavits.
WORDS AND PHRASES - "claimant application"
Native Title Act 1993 (Cth) ss 62, 64, 62A, 253
Federal Court Rules O 78 r 7
Strickland v Native Title Registrar (1999) 168 ALR 242 applied
VIOLET DRURY, NOEL KELLY, MARY TULLOCK AND OTHERS v THE STATE OF WESTERN AUSTRALIA
W 6136 of 1998
FRENCH J
18 FEBRUARY 2000
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WG6136 OF 1998
BETWEEN: VIOLET DRURY, NOEL KELLY, MARY TULLOCK AND OTHERS
Applicants
AND: STATE OF WESTERN AUSTRALIA
Respondent
JUDGE: FRENCH J
DATE OF ORDER: 18 FEBRUARY 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application be re-amended in the form of the minute of proposed amended native title determination claimant application filed on 7 February 2000 and that document will stand as the reamended application. 2. Service of the motion and supporting documents on any person other than the State of Western Australia be dispensed with. 3. The applicants to provide a copy of the re-amended application to any respondent on request. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WG6136 OF 1998
BETWEEN: VIOLET DRURY, NOEL KELLY, MARY TULLOCK AND OTHERS
Applicants
AND: STATE OF WESTERN AUSTRALIA
Respondent
JUDGE: FRENCH J
DATE: 18 FEBRUARY 2000
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