Britten v State of Western Australia [2001] FCA 1256

FEDERAL COURT OF AUSTRALIA

Britten v State of Western Australia [2001] FCA 1256 NATIVE TITLE – application for determination – procedure – two applications with respect to overlapping areas of land – second application also overlapped with a third application and did not identify or describe clearly the alleged native title holders – impossibility of consolidation of the two proceedings or joinder of all alleged native title holders in second proceeding as parties to first – whether ascertainment of the identity of alleged native title holders in second application a question for an expert – whether appropriate to appoint anthropologist as court expert to inquire and report on that question – form of order EVIDENCE – expert – court-appointed expert – anthropologist – ascertainment of identity of alleged native title holders referred to in application – proposed joinder of alleged native title holders as parties to native title application in respect of overlapping area of land Native Title Act 1993 (Cth) ss 61, 67, 68 Federal Court Rules 1979 (Cth) O 6 r 8(1), O 34 r 2, O 36 r 5 JACK BRITTEN & ORS v STATE OF WESTERN AUSTRALIA & ORS WAG 6007 of 1998 TANBA BANKS v STATE OF WESTERN AUSTRALIA & ORS WAG 6199 of 1998 GRAY J 5 SEPTEMBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6199 of 1998

BETWEEN: TANBA BANKS

FIRST APPLICANT

AND: STATE OF WESTERN AUSTRALIA

FIRST RESPONDENT

SHIRE OF HALLS CREEK

SECOND RESPONDENT

RAYMOND WALLABY

THIRD RESPONDENT

JACK BRITTEN

FOURTH RESPONDENT

QUEENIE McKENZIE

FIFTH RESPONDENT

AC PILKINGTON PTY LTD

SIXTH RESPONDENT