Arnold Franks and Others v State of Western Australia and Others (No 2) [2007] FCA 45

FEDERAL COURT OF AUSTRALIA

Arnold Franks and Others v State of Western Australia and Others (No 2) [2007] FCA 45

NATIVE TITLE – practice and procedure – directions to give effect to previously published reasons for decision

ARNOLD FRANKS AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS WAD6273 OF 1998, WAD6193 OF 1998, WAD6236 OF 1998, WAD6194 OF 1998, WAD6161 OF 1998, WAD6136 OF 1998, WAD6132 OF 1998, WAD6123 OF 1998, WAD6119 OF 1998, WAD6033 OF 1998, WAD6006 OF 2001, WAD6002 OF 2004, WAD6001 OF 2000, WAD286 OF 2004 FRANK FRENCH AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS WAD82 OF 1998, WAD6173 OF 1998, WAD6090 OF 1998, WAD6096 OF 1998, WAD6285 OF 1998, WAD6278 OF 1998, WAD6007 OF 2000, WAD127 OF 1997, WAD6256 OF 1998

FRENCH J

25 JANUARY 2007

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD6273 OF 1998

BETWEEN: ARNOLD FRANKS

Applicant

AND: STATE OF WESTERN AUSTRALIA AND OTHERS

Respondents

JUDGE: FRENCH J DATE OF ORDER: 25 JANUARY 2007

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them. 2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties. 3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps. 4. By 30 April 2007 the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.