Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760

FEDERAL COURT OF AUSTRALIA

Bolton on behalf of the Southern Noongar Families

v State of Western Australia [2004] FCA 760 ABORIGINAL AND TORRES STRAIT ISLANDERS – native title – motions to replace applicants in native title determination applications – asserted withdrawal of authorisation by native title claim group – conferral of authority on new applicants – authorisation to apply for removal of applicants – adequacy of evidence – defined native title claim groups – meetings of persons asserting membership of native title claim groups – no direct evidence as to connection with native title claim groups – no evidence as to representativeness of meetings – necessary authorisation not established – applications dismissed – combination applications – dependent upon success of amendment of applications to change applicants – combination applications dismissed Native Title Act 1993 (Cth) s 61, s 251B, s 64, s 66B Anderson v Western Australia (2003) 204 ALR 522 applied Queensland v Hutchison (2001) 108 FCR 575 cited Strickland v Western Australia (1999) 89 FCR 117 cited Wulgurukaba People (No 1)v Queensland [2002] FCA 1555 cited Daniel v Western Australia (2002) 194 ALR 278 applied Western Australia v Strickland (2000) 99 FCR 33 cited Moran v Minister of Land and Water Conservation (NSW) [1999] FCA 1637 ANTHONY BENNELL, ALLAN BOLTON AND OTHERS (SINGLE NOONGAR CLAIM No 1) v THE STATE OF WESTERN AUSTRALIA AND OTHERS W6006 of 2003 ALLAN BOLTON, GLEN COLBUNG, DALLAS COYNE AND OTHERS ON BEHALF OF VARIOUS SOUTHERN NOONGAR FAMILIES v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6134 of 1998 ALLAN BOLTON AND OTHERS ON BEHALF OF THE WAGYL KAIP v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6286 of 1998 LORRAINE BELLOTTI, JOSEPH NORTHOVER, PETER MICHAEL AND OTHERS ON BEHALF OF THE NYUNGAR PEOPLE (GNAALA KARLA BOOJA) v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6274 OF 1998 KEN COLBUNG, GLEN COLBUNG, DONALD CORBETT AND OTHERS (SOUTH WEST BOOJARAH) v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6279 of 1998 MARTHA BORINELLI, ARNOLD FRANKS AND OTHERS ON BEHALF OF THE YUED FAMILIES v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6192 of 1998 CEDRIC ANDERSON, REG HAYDEN, HELEN JONES AND OTHERS ON BEHALF OF THE BALLARDONG PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WG 6181 of 1998 DONALD COLLARD AND SYLVIA RACHEL COLLARD v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6091, 6102, 6142, 6171 and 6223 of 1998