Simpson on behalf of the Wajarri Elders v State of Western Australia [2004] FCA 1752

FEDERAL COURT OF AUSTRALIA

Simpson on behalf of the Wajarri Elders v State of Western Australia

[2004] FCA 1752

NATIVE TITLE – application to remove applicant – conditions satisfied – legitimate reasons for removal of applicant – application granted

Native Title Act 1973 (Cth) s 66B

IKE SIMPSON AND OTHERS ON BEHALF OF THE WAJARRI ELDERS v STATE OF WESTERN AUSTRALIA AND OTHERS

WAD6042 OF 1999

FRENCH J

17 DECEMBER 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD6042 OF 1999

BETWEEN: IKE SIMPSON AND OTHERS ON BEHALF OF THE WAJARRI ELDERS

APPLICANT

AND: STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 17 December 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. Ike Simpson, Colin Hamlett, Charlie Snowball, Bill Pearce, Monty Walgar, Mack Mourambine, Robin Boddington, Gavin Egan, Ron Simpson, David Jones and Timothy Simpson ('the Replacement Applicants') do jointly replace all the current Applicants, (the current Applicants being all the aforementioned Replacement Applicants with the exception of Timothy Simpson plus Lena Merritt)

on the grounds that:

Lena Merritt is no longer authorised by the claim group to make the application and to deal with matters arising in relation to it; and

The Replacement Applicants continue to be and are authorised by the claim group to make the application and deal with matters arising in relation to it.

2. The application be amended by the removal of the words 'Lena Merritt' from the title of the action and by the addition of the words 'Timothy Simpson' to the title of the action.

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 WAD6042 OF 1999