Kogolo v State of Western Australia [2000] FCA 1036

FEDERAL COURT OF AUSTRALIA

Kogolo v State of Western Australia [2000] FCA 1036 NATIVE TITLE - application under s 61 Native Title Act 1993 (Cth) for determination of native title – application under s 64(1) of Native Title Act 1993 (sCth) to re-amend application to re-include in claim area land included in application when lodged but deleted by subsequent amendment - meaning of "original application" in s 64(1). Native Title Act 1993 (Cth) s 61, 64, 64(1), 66A, 66A(1), 190A ANNETTE KOGOLO & ORS v STATE OF WESTERN AUSTRALIA & ORS WAG 6077 OF 1998 LEE J 3 AUGUST 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6077 OF 1998

BETWEEN: ANNETTE KOGOLO, BUTCHER WISE, CHARLIE NUNDUN, HARRY YUNGABUN, HITLER PAMBA, HUGHIE BENT, IVAN McPHEE, JIMMY NERRIMA, JIMMY PIKE, JINNY BENT, JOE BROWN, LUCY CUBBY, MONA CHUGUNA, PERCY BULAGARDIE, PETER CLANCY, PETER SKIPPER, RONNIE JIMBIDIE, STALIN WODIGAR, TOMMY MAY, WARFORD BUDJIMAN, WILFRED STEELE

APPLICANTS

AND: STATE OF WESTERN AUSTRALIA

FIRST RESPONDENT SHIRE OF DERBY/WEST KIMBERLEY SECOND RESPONDENT SNOWY JUDAMIA, BILLY THOMAS, FRANK FRENCH, BILLY DUNN THE MARTU PEOPLE THIRD RESPONDENTS NERDLIHC COMPANY INC PASMINCO AUSTRALIA LTD FOURTH RESPONDENTS JUDGE: LEE J

DATE OF ORDER: 3 AUGUST 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be re-amended in terms of the amended Native Title Determination Claimant Application filed on 21 June 2000 and that this document stand as the amended application. 2. Any requirement to re-swear the affidavits of the respective applicants verifying the proposed amended application be dispensed with. 3. Service of the motion and supporting documents on any person other than the State of Western Australia be dispensed with. 4. The applicants 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.