Daniel v State of Western Australia [2002] FCA 1147

FEDERAL COURT OF AUSTRALIA

Daniel v State of Western Australia [2002] FCA 1147 NATIVE TITLE – application to replace applicants in claimant application – whether certain applicants no longer authorised by native title claimant groups – failure to execute future act agreement with State notwithstanding resolutions of native title claim group – authorisation of proposed replacement applicants – whether decision-making process according to traditional law and custom – whether other decision-making process – discretion to replace applicant. Native Title Act 1993 (Cth) s 61(4) s 66B s 251B s 253

Western Australia v Strickland (2000) 99 FCR 33 cited Strickland v Native Title Registrar (1999) 168 ALR 242 cited Moran v Minister of Land & Water Conservation for NSW [1999] FCA 1637 discussed Johnson, in the matter of Lawson v Lawson [2001] FCA 894 cited Duren v Kiama Council [2001] FCA 1363 cited Quandamooka People # 1 v State of Queensland [2002] FCA 259 cited Ward v Northern Territory [2002] FCA 171 cited DAVID DANIEL AND OTHERS ON BEHALF OF THE NGARLUMA PEOPLE AND BRUCE MONADEE AND OTHERS FOR THE YINDJIBARNDI PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6017 OF 1996 Part WAG 127 of 1997 and Part WAG 6256 of 1998 FRENCH J 13 SEPTEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6017 OF 1996

And part of

WAG 127 OF 1997

And Part of

WAG 6256 OF 1998

BETWEEN: DAVID DANIEL AND OTHERS FOR THE NGARLUMA PEOPLE AND BRUCE MONADEE AND OTHERS FOR THE YINDJIBARNDI PEOPLE

First Applicants

And

VALERIE HOLBOROW (NEE COSMOS) AND OTHERS ON BEHALF OF THE YABURARA AND MARDUDHUNERA PEOPLE