Holborow v State of Western Australia [2002] FCA 1428

FEDERAL COURT OF AUSTRALIA

Holborow v State of Western Australia [2002] FCA 1428

NATIVE TITLE – application to replace applicant in claimant application – whether applicant no longer authorised by native title claimant group – 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 in existence – whether other decision-making process – discretion to replace applicant Native Title Act 1993 (Cth) s 61, s 66B, s 251B, s 253

Daniel v State of Western Australia [2002] FCA 1147 VALERIE HOLBOROW (NEE COSMOS), KEVIN COSMOS AND PATRICIA COOPER ON BEHALF OF THE YABURARA AND MARDUDHUNERA PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG127 of 1997 FRENCH J 20 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 127 OF 1997

BETWEEN: VALERIE HOLBOROW (nee COSMOS), KEVIN COSMOS and PATRICIA COOPER on behalf of the YABURARA and MARDUDHUNERA PEOPLE

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENTS

JUDGE: FRENCH J

DATE OF ORDER: 20 NOVEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Valerie Holborow (nee Cosmos), Kevin Cosmos and Robert Boona on behalf of the Yaburara and Mardudhunera People ("the Replacement Applicants") do jointly replace all the current Applicants. 2. The application be amended by the removal of Patricia Cooper's name from the title to the action and Schedule R. 3. A copy of this order be served on the Respondents. 4. Filing and service of the amended application be dispensed with.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.