Wilkes v State of Western Australia [2003] FCA 1206

FEDERAL COURT OF AUSTRALIA

Wilkes v State of Western Australia [2003] FCA 1206

NATIVE TITLE – Motions to amend two applications so as to combine them – Future management of combined claim – Amendment order made and directions given. Native Title Act 1993 (Cth) ss 67, 84C RICHARD WILKES AND ALBERT CORUNNA & ORS v STATE OF WESTERN AUSTRALIA & ORS WAG 142 of 1998 ANTHONY BENNELL, ALAN BLURTON, ALAN BOLTON & ORS v STATE OF WESTERN AUSTRALIA & ORS WAG 6006 of 2003 WILCOX J 9 OCTOBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 142 of 1998

BETWEEN: RICHARD WILKES and ALBERT CORUNNA & ORS

APPLICANTS

AND: STATE OF WESTERN AUSTRALIA & ORS

RESPONDENTS

JUDGE: WILCOX J

DATE OF ORDER: 9 OCTOBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicants be granted leave to amend Native Title Determination Application WAG 142 of 1998 pursuant to s 64 of the Native Title Act 1993 (Cth), so that it is combined with and included in Native Title Determination Application WAG 6006 of 2003. 2. The amended application be in the form of WAG 6006 of 2003 as filed on 10 September 2003 in accordance with the Minute of Proposed Amended Native Title Application attached to the affidavit of Albert Corunna dated 6 October 2003. 3. Both of these applications be now conducted as one application. 4. Application WAG 6006 of 2003 be the lead application. 5. Service of the Minute of Proposed Amended Native Title Application be dispensed with. 6. Subject to any contrary order by a Judge, that part of the combined application as relates to the land and waters covered by application WAG 142 of 1998 ('the Perth section claim') shall be heard in a separate proceeding to commence during the first week of October 2004. In order to facilitate that hearing: (a) the applicants in WAG 6006 of 2003 are to provide to all respondents to that proceeding, by 15 May 2004, copies of reports from all anthropologists or other experts intended to be called as witnesses by them in relation to the Perth section claim; and (b) the respondents are to provide to the applicants and all other respondents, by 31 August 2004, copies of reports from all anthropologists or other experts intended to be called as witnesses by them in relation to the Perth section claim. 7. The evidence already given in respect of matters WAG 137 of 1998, WAG 138 of 1998, WAG 139 of 1998, WAG 140 of 1998, WAG 141 of 1998, WAG 142 of 1998 and WAG 149 of 1998 is to be evidence in the hearing to commence in October 2004 subject to relevance and all just objections, including any new objections taken by any person who was not a party to any of those seven matters. 8. Subject to the above, the directions made by French J on 2 October 2003 in relation to matter WAG 6192 of 1998 are to apply to the Perth section claim as if they were set out seriatim herein. 9. All parties have liberty to apply to me, by arrangement with my associate, in relation to any matter connected with the separate hearing of the Perth section claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.