James on behalf of the Martu People v State of Western Australia & Ors [2002] FCA 849

FEDERAL COURT OF AUSTRALIA

James on behalf of the Martu People v State of Western Australia

[2002] FCA 849

NATIVE TITLE – overlapping applications – area outside overlap close to consent determination – application for overlap area to be dealt with separately – case management considerations – parties with interests in overlap area only – no entitlement to continue as parties in balance of area – springing order to effect termination of party status unless notice of intention to continue as party given. Native Title Act 1993 (Cth) s 67 JEFFREY JAMES, TEDDY BILJABU, BILLY DUNN AND OTHERS on behalf of the MARTU PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6110 OF 1998 FRENCH J 2 JULY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6110 OF 1998

BETWEEN: JEFFREY JAMES, TEDDY BILJABU, BILLY DUNN AND OTHERS on behalf of the MARTU PEOPLE

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENTS

JUDGE: FRENCH J

DATE OF ORDER: 2 JULY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. To the extent that this application relates to an area of land (the overlap area) covered by the Ngalia application WAG6143/98, it will be dealt with in those proceedings.

2. Any respondent party with an interest in the overlap area be joined as a party to the Ngalia application WAG6143/98.

3. Any respondent party, other than the State of Western Australia, the Shire of Wiluna, Telstra and the Kimberley Land Council, which asserts an interest in the balance of the area covered by this application and intends to remain a party in respect of this application, is to give notice to the District Registrar of the Federal Court at Perth and to the Ngaanyatjarra Land Council representing the applicants within fourteen days of service of these orders upon it.