Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 6) [2003] FCA 663

FEDERAL COURT OF AUSTRALIA

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

Western Australia (No 6) [2003] FCA 663

PRACTICE AND PROCEDURE – adjournment – application for native title determination – applicants' motion for adjournment "until further order of the Court" of fourth and final six-week tranche of hearing dates – ground of motion is that Aboriginal and Torres Strait Islander Commission ("ATSIC") has not given decision on application for further funding – history of requests by representative body (Goldfields Land and Sea Council) representing the applicants to ATSIC for decision on the application for funding – difficulties which will confront applicants in not having legal representation in complex litigation – considerations favouring retention of hearing dates – exercise of discretion. NATIVE TITLE – adjournment – application for native title determination – applicants' motion for adjournment "until further order of the Court" of fourth and final six-week tranche of hearing dates – ground of motion is that Aboriginal and Torres Strait Islander Commission ("ATSIC") has not given decision on application for further funding – history of requests by representative body (Goldfields Land and Sea Council) representing the applicants to ATSIC for decision on the application for funding – difficulties which will confront applicants in not having legal representation in complex litigation – considerations favouring retention of hearing dates – exercise of discretion.

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

ON BEHALF OF THE WONGATHA PEOPLE v STATE OF

WESTERN AUSTRALIA & ORS

WAG 6005 OF 1998 LINDGREN J 26 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6005 OF 1998

BETWEEN: RON HARRINGTON-SMITH, LEO THOMAS,