Anderson v State of Western Australia [2003] FCA 1423

FEDERAL COURT OF AUSTRALIA

Anderson v State of Western Australia [2003] FCA 1423 NATIVE TITLE – amendment of application – application to replace applicants – disagreement amongst named applicants concerning proposed amendments – whether authorisation of proposed replacement applicants – whether applicable decision-making process according to traditional law and custom exists – whether meetings of native title claim group members adequately advertised – whether attendance at meetings representative of native title claim group – evidence inadequate – whether members of native title claim group authorised to apply for replacement of applicants – whether amendment of application could proceed absent agreement of all named applicants – motion for amendment and replacement of applicants dismissed – springing order made for dismissal of native title determination application – conditions of springing order – motion to amend application to be agreed to by existing applicants – alternatively motion for programming orders to be agreed to by existing applicants – alternatively motion to replace applicants which complies with conditions under s 66B Native Title Act 1993 (Cth) s 64, s 66B, s 251B Federal Court Rules O 13 R 2, O 78 r 3, O 78 r 7 Strickland v State of Western Australia (1998) 89 FCR 117 State of Queensland v Hutchison (2001) 108 FCR 575 Wulgurukaba People # 1 v State of Queensland [2002] FCA 1555 Moran v Minister of Land & Water Conversation for the State of New South Wales [1999] FCA 1637 Duren v Kiama Council [2001] FCA 1363 Quandamooka People # 1 v State of Queensland [2002] FCA 259 Johnson, in the matter of Lawson v Lawson [2001] FCA 894 CEDRIC ANDERSON, DONALD COLLARD, SYLVIA RACHEL COLLARD AND OTHERS ON BEHALF OF THE BALLARDONG PEOPLE v THE STATE OF WESTERN AUSTRALIA WG6181 OF 1998 FRENCH J 4 DECEMBER 2003 PERTH