Bodney v State of Western Australia [2003] FCA 890

FEDERAL COURT OF AUSTRALIA

Bodney v State of Western Australia [2003] FCA 890 NATIVE TITLE – Motions to strike out applications for determination of native title – Applications filed prior to 1998 amendments to Native Title Act – Some applications amended after that time – Form of s 61 of Native Title Act relevant to strike out motions – Necessity under old form of s 61 to identify or describe members of claimant group – Whether 'old Act' applications satisfy this requirement – Necessity under 'new Act' for authorisation of claimant by members of claimant group – Discussion about need for correspondence between persons identified as holding native title rights and interests and those on behalf of whom application is made – Lack of authorisation of 'new Act' applications by members of claimant group. Native Title Act 1993 (Cth) ss 61, 84C and 251B CORRIE CHRISTOPHER BODNEY v STATE OF WESTERN AUSTRALIA AND ORS

WAG 137 of 1998

WAG 138 of 1998

WAG 139 of 1998

WAG 140 of 1998 WAG 149 of 1998 WILCOX J 25 AUGUST 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 137 of 1998

WAG 138 of 1998

WAG 139 of 1998

WAG 140 of 1998

WAG 149 of 1998

BETWEEN: CORRIE CHRISTOPHER BODNEY

APPLICANT

AND: STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENTS

JUDGE: WILCOX J

DATE OF ORDER: 25 AUGUST 2003

WHERE MADE: SYDNEY (BY VIDEO-LINK TO PERTH)

THE COURT ORDERS THAT: 1. Native title applications WAG 137 of 1998, WAG 138 of 1998, WAG 139 of 1998, WAG 140 of 1998 and WAG 149 of 1998 each be struck out. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.