Anderson v State of Western Australia [2003] FCA 1058

FEDERAL COURT OF AUSTRALIA

Anderson v State of Western Australia [2003] FCA 1058

NATIVE TITLE – practice and procedure – regional claims – South West region of Western Australia – overlapping claims – single claim to incorporate a number of overlapping claims – application to establish new mediation program – whether programming to trial should remain in docket matters – directions for mediation program – connexion evidence – separate determination of issues of law and fact Native Title Act 1993 (Cth) CEDRIC ANDERSON, DONALD COLLARD, SYLVIA RACHAEL COLLARD AND OTHERS v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6181 OF 1998 MARTHA BORINELLI, MICHAEL EGAN, ARNOLD FRANKS AND OTHERS v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6192 of 1998 LORRAINE BELLOTTI, JOSEPH NORTHOVER, PETER MICHAEL AND OTHERS v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6274 OF 1998 PATRICIA M MORICH AND OTHERS FOR KORENG, MINANG AND WUDJARI PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6130 OF 1998 KEN COLBUNG, GLEN COLBUNG, DONALD CORBETT AND OTHERS v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6279, 6085, 6258 AND PART OF 6274 OF 1998 ALLAN BOLTON, GLEN COLBUNG, DALLAS COYNE AND OTHERS v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6134, 6286 AND PART OF 6130 OF 1998 ANTHONY BENNELL, ALAN BLURTON AND OTHERS v THE STATE OF WESTERN AUSTRALIA AND OTHERS W6006 of 2003 FRENCH J 2 OCTOBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6134 and WAG 6286 and PART OF 6130 of 1998

BETWEEN: ALLAN BOLTON, GLEN COLBUNG, DALLAS COYNE

AND OTHERS

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 2 OCTOBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Before 28 November 2003, the First and Second Applicants are to make an application or applications under s 64 of the Native Title Act 1993 (Cth) to combine native title determination applications WAG6286/98 (Wagyl Kaip) and WAG6134/98 (Southern Noongar), to the extent that they geographically overlap with W6006/03 ('Single Noongar Claim 1'). 2. The directions hearing be adjourned to 16 December 2003 at 9.30am. 3. The Applicants and the State in conjunction with the National Native Title Tribunal are to prepare a program for the negotiation and mediation of the combined applications commencing 1 January 2004. The program is to set out: (i) specific issues to be negotiated; (ii) a detailed timetable including proposed meeting dates and venues set in a regional context; (iii) an outline of a negotiated protocol to be adopted by the State and the applicants; (iv) provision for the taking of connexion evidence; (v) identification of questions of law or fact which, if determined by the Court, could advance the resolution of a particular claim or conflict between claims. 4. A copy of the program is to be lodged with the Court by 31 January 2004. 5. A copy of the program is to be made available to any party on request to the applicants. 6. The parties are to comply with the timetable set out in the program provided that, if it appears likely to any party that it will be unable to take a programmed step within two months of the time limited for doing so by the program, it must apply to the Court to vary the program accordingly. 7. Any party may apply to the Court at any time for directions as to the taking of connexion evidence. 8. Any party may apply to the National Native Title Tribunal to refer to the Court, in accordance with the provisions of the Native Title Act 1993 (Cth) any question of law or fact the determination of which may assist in the resolution of the application. 9. Any party may apply to the Court for the separate determination of any question of fact or law in accordance with the Federal Court Rules. 10. There is liberty to apply. 11. The next directions hearing after 16 December 2003 is listed for 5 March 2004 at 9.30am. 12. The National Native Title Tribunal is requested to provide a mediation report not less than seven days prior to the relisted directions hearings.