WYkanak v Metropolitan Local Aboriginal & Land Council [2000] FCA 251

FEDERAL COURT OF AUSTRALIA

WYkanak v Metropolitan Local Aboriginal Lands Council [2000] FCA 251 ABUSE OF PROCESS – collateral challenges to previous judgments – where applicant seeks to avoid finding of appellate court by commencing new proceedings STANDING – amicus curiae – person to be represented fails to appear or indicate desire to be represented in proceedings Native Title Act 1993 (Cth) ss 13, 193

Kanak v New South Wales Aboriginal Land Council [1997] FCA 954

DOMINIC WYKANAK v METROPOLITAN LOCAL ABORIGINAL LANDS COUNCIL, NEW SOUTH WALES ABORIGINAL LANDS COUNCIL AND REGISTRAR OF THE NATIONAL NATIVE TITLE TRIBUNAL

NG 6003 OF 1998

EINFELD J

13 MARCH 2000

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 6003 OF 1998

BETWEEN: DOMINIC WYKANAK

Applicant

AND: METROPOLITAN LOCAL ABORIGINAL LANDS COUNCIL

First Respondent

NEW SOUTH WALES ABORIGINAL LANDS COUNCIL

Second Respondent

REGISTRAR OF THE NATIONAL NATIVE TITLE TRIBUNAL

Third Respondent

JUDGE: EINFELD J

DATE OF ORDER: 13 MARCH 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the motion of the second respondent of 16 July 1999 be granted 2. the applicant's appeal filed on 11 May 1998 be dismissed 3. the applicant's motions filed on 30 July and 5 August 1999 be dismissed 4. the applicant pay the costs of the first and second respondents of all these proceedings on a full indemnity basis

Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 6003 OF 1998

BETWEEN: DOMINIC WYKANAK

Applicant

AND: METROPOLITAN LOCAL ABORIGINAL LANDS COUNCIL

First Respondent

NEW SOUTH WALES ABORIGINAL LANDS COUNCIL