Ward v Northern Territory [2002] FCA 171

FEDERAL COURT OF AUSTRALIA

Ward v Northern Territory [2002] FCA 171

NATIVE TITLE – claim groups – proper applicants – change of solicitor – application to replace current applicants under s 66B if the Native title Act 1993 (Cth) – discretionary power of Court to make an order under s 66B Native Title Act 1993 (Cth)

Moran v Minister for Land and Water Conservation for the State of New South Wales [1999] FCA 1637 cited Walton v Gardiner (1993) 177 CLR 378 cited BEN WARD AND ORS v THE NORTHERN TERRITORY OF AUSTRALIA AND ORS NO DG 6008 OF 1998 O'LOUGHLIN J 8 FEBRUARY 2002 DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY DG 6008 OF 1998

BETWEEN: BEN WARD AND OTHERS

APPLICANT

AND: NORTHERN TERRITORY OF AUSTRALIA AND OTHERS

RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 8 FEBRUARY 2002

WHERE MADE: DARWIN

THE COURT ORDERS THAT: 1. These proceedings be referred to the National Native Title Tribunal for mediation, limited to the Tribunal investigating and discussing with the interested parties, being those Aboriginal persons who are or who claim to be the Native Title Claim Group, whether there can be an ultimate consensual identification of the applicants in these proceedings for the benefit of the Native Title Claim Group. 2. The Tribunal report to the Court the results of the mediation as soon as possible, but in any event to report progress within 6 months of this date. 3. The District Registrar write to Mr Imlah directing him to file and serve within fourteen days of the receipt of the District Registrar's letter either a notice that he has ceased to act as solicitors for the applicants or a notice that he still regards himself as acting as solicitor for the applicants. 4. Mr Kennard within two months of this date file and serve either a notice verified on oath that he has received instructions to act for some or all of the applicants in this matter listing the names of each such applicant and appending to that notice a written verification of his instructions from such applicants, or a notice verified on oath that he no longer acts for any of the applicants in this matter. 5. The document on the Court file, which is numbered thirteen and which is entitled "Notice of Change of Solicitor and Address for Service" be marked by the District Registrar, "Rejected pursuant to the order of the Court dated 8 February 2002". 6. The application to replace the named applicants dated 6 February 2002 be dismissed. 7. These orders be drawn up, entered and sealed by the Registry and served by ordinary prepaid post by the Registry on the National Native Title Tribunal, Mr Imlah, Mr Kennard, Mr Levy, the seventeen named applicants [at their last known address as shown on the Court file], the parties named in the application to replace the named applicants other than Murphy Simon, Peter Newry, Kim Aldus, and Button Jones, [at their last known address as shown on the Court file] or where no address is shown, care of Mr Levy. 8. The directions hearing in this matter be adjourned to Wednesday, 14 August 9.00 am. Liberty to apply to any party and to any interested party on seven days notice. 9. There be no order on the Notice of Motion filed on 3 December 2001by Mr Levy on behalf of the parties for whom he is acting. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.