Hicks v State of Western Australia [2002] FCA 1490

FEDERAL COURT OF AUSTRALIA

Hicks v State of Western Australia [2002] FCA 1490

NATIVE TITLE – future acts – right to negotiate – arbitral hearing – whether State negotiated in good faith – preliminary issue – condition on power to conduct arbitral hearing – Tribunal finding that State negotiated in good faith – appeal against Tribunal decision by native title party – motion for stay of arbitral hearing – relevant considerations – prejudice – fragmentation of proceedings – order refused. Native Title Act 1993 (Cth)s 36, s 169, s 170 WILFRED HICKS AND OTHERS ON BEHALF OF THE WONG-GOO-TT-OO GROUP v THE STATE OF WESTERN AUSTRALIA W6005 OF 2002 FRENCH J 22 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W6005 OF 2002

BETWEEN: WILFRED HICKS AND OTHERS ON BEHALF OF THE WONG-GOO-TT-OO GROUP

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 22 NOVEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The time limited for hearing the motion be abridged to enable it to be heard today.

2. The motion is adjourned to 3 February 2003 at 9.30am.

3. The appeal is set down for directions on 3 February 2003 at 9.30am.

4. The appeal is provisionally set down for hearing on 4 March 2003 at 10.15am.

5. There is liberty to apply at short notice.

6. Costs today reserved.

7. The other native title parties before the Tribunal be named as respondents to the appeal and copies of the notice of appeal, these orders and these reasons for decision be served upon them.

8. The additional respondents joined as second and third respondents respectively pursuant to the preceding order are:

(i) David Daniel, Daisy Moses, Roger Barker, Jill Churnside, Trevor Solomon and Les Hicks on behalf of the Ngarluma People and Bruce Monadee, Woodley King, Kenny Jerrold, Mary Walker, Bruce Woodley, Michelle Adams, Jimmy Horace, Linda Ryder and Judy Albert on behalf of the Yindjibarndi people which was accepted for registration on 14 July 1999 ('the Ngarluma/Yingjibarndi native title party'); (ii) Valerie Holborow, Kevin Kelvin Cosmos and Robert Boona on behalf of the Yaburara and Mardudhunera Native Title claim group which was accepted for registration on 1 August 1996 ('the Yaburara/Mardudhunera native title party').