Harrington-Smith on behalf of The Wongatha People v State of Western Australia [2002] FCA 184

FEDERAL COURT OF AUSTRALIA

Harrington-Smith on behalf of The Wongatha People v State of

Western Australia [2002] FCA 184

NATIVE TITLE – application by peak representative body of industry to be made a respondent to native title determination application – whether representative body had interests which "may be affected by a determination in the proceedings" within subs 84(5) of the Native Title Act 1993 (Cth) – whether invitation from National Native Title Tribunal to participate in mediation coupled with the fact of its participation gave the body such an interest – possibility of body's being appointed under s 84B of the Native Title Act 1993 (Cth) to act as agent on behalf of any of its members who were respondents to the application.

Native Title Act 1993 (Cth) ss 84(5), 84B

Byron Environment Centre Incorporated v Arakwal People (1997) 78 FCR 1 referred to Woodridge v Minister for Land and Water Conservation for the State of New South Wales (2001) 108 FCR 527 referred to

RON HARRINGTON-SMITH, LEO THOMAS, CYRIL BARNES & ORS

ON BEHALF OF THE WONGATHA PEOPLE v THE STATE OF

WESTERN AUSTRALIA & ORS

WAG 6005 OF 1998 LINDGREN J 11 FEBRUARY 2002 SYDNEY (VIA VIDEO-LINK WITH PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6005 OF 1998

BETWEEN: RON HARRINGTON-SMITH, LEO THOMAS,

CYRIL BARNES & OTHERS ON BEHALF OF THE

WONGATHA PEOPLE

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA & OTHERS

RESPONDENTS

JUDGE: LINDGREN J

DATE OF ORDER: 11 FEBRUARY 2002

WHERE MADE: SYDNEY (VIA VIDEO-LINK WITH PERTH)

THE COURT ORDERS THAT: 1. The motion brought by the Chamber of Minerals and Energy of Western Australia Inc by notice of motion filed on 25 January 2002 be dismissed. 2. The question of the costs of the motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.