Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chapman on behalf of the Wakka Wakka People #2 v State of Queensland [2007] FCA 597
NATIVE TITLE – person named as "the applicant" unable or unwilling to act – whether continue to be authorised – whether proper or necessary party to the proceedings – O 6 r 9 FCR – whether inconsistent with Native Title Act 1993 (Cth) – whether Register of Native Title claims can be amended to remove names of persons as applicant apart from s 66B – purpose of Register Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth) ss 61, 66B, 185, 186, 190, 251B Federal Court Rules O 6 r 9(b) Butchulla People v State of Queensland [2006] FCA 1063 Followed Central West Goldfields People v State of Western Australia [2003] FCA 467 Considered Doolan v Native Title Registrar [2007] FCA 192 Referred to OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACEY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY (JNR) and KEVIN DOOLAN v STATE OF QUEENSLAND and ORS QUD 6032 OF 1999
KIEFEL J
27 APRIL 2007
ROCKHAMPTON (HEARD IN BRISBANE) IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 6032 OF 1999
BETWEEN: OSCAR CHAPMAN, ELLEN SHADFORD, CYRIL COUCHY, LILLIAN MIMI, DAVID BEEZLEY, MICHAEL BOND, PAM DUNCAN, MAVIS HAWKINS, PATRICIA BOND, BERYL GAMBRILL, PASTOR HENRY COLLINS, ROBERT LACEY, REGGIE LITTLE, GEORGE BONE, SAM MURRAY (JNR) and KEVIN DOOLAN
Applicants
AND: STATE OF QUEENSLAND and OTHERS
Respondents
JUDGE: KIEFEL J DATE OF ORDER: 27 APRIL 2007
WHERE MADE: ROCKHAMPTON (HEARD IN BRISBANE)
THE COURT ORDERS THAT:
1. Reggie Little, Sam Murray Jnr and Henry Collins cease to be parties to the proceedings. 2. The Register of Native Title Claims be amended to reflect removal of the names of those persons as applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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