Bennell v State of Western Australia [2004] FCA 228

FEDERAL COURT OF AUSTRALIA

Bennell v State of Western Australia [2004] FCA 228 PRACTICE AND PROCEDURE – native title determination applications – motion to vacate trial date of part heard matter – matter combined with larger claim – motion to provide for mediation protocol in relation to claim subject to ongoing intra-indigenous dispute. ANTHONY BENNELL, ALAN BLURTON, ALAN BOLTON AND OTHERS (Single Noongar Claim (Area 1)) v THE STATE OF WESTERN AUSTRALIA AND OTHERS W6006 of 2003 ANTHONY BENNELL, ALAN BLURTON, ALAN BOLTON AND OTHERS (Single Noongar Claim (Area 2)) v THE STATE OF WESTERN AUSTRALIA W6012 of 2003 FRENCH J 12 MARCH 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 6006 OF 2003

BETWEEN: ANTHONY BENNELL, ALAN BLURTON, ALAN

BOLTON AND OTHERS (Single Noongar Claim (Area 1))

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA

RESPONDENTS

JUDGE: FRENCH J

DATE OF ORDER: 12 MARCH 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The applicant's motion dated 27 February 2004 is dismissed in relation to application WAG6006/03.

2. The applicants, the South West Aboriginal Land and Sea Council and the State of Western Australia are to comply with the mediation protocol agreed between the South West Aboriginal Land and Sea Council and the State. 3. The mediation protocol is to be revised to include the applicants as parties to it and to specify their role in relation to it. 4. The revised protocol is to be filed by 5 April 2004. 5. The directions hearing is to be adjourned to 30 August 2004 at 9am. 6. The National Native Title Tribunal is requested to provide a mediation report on or before 23 August 2004.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 6012 OF 2003