Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sambo v State of Western Australia [2008] FCA 1575
NATIVE TITLE – members of applicant in a native title determination claim did not cooperate with other members of the applicant ‑ whether a member of an applicant can be removed as a party by reference to O 6 r 9 of the Federal Court Rules
Native Title Act 1993 (Cth) ss 64(5), 66B, 66B(1)(a), 66B(1)(b), 251B Native Title Amendment (Technical Amendments) Act 2007 (Cth) Federal Court Rules O 6 r 9, O 80 Native Title Amendment (Technical Amendments) Bill 2007 (Cth), Explanatory Memorandum Chapman v Queensland (2007) 159 FCR 507 Butchulla People v Queensland (2006) 154 FCR 233 Doolan v Native Title Registrar (2007) 158 FCR 56 Daniel v State of Western Australia (2002) 194 ALR 278 DENNIS SAMBO AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS
wad 65 of 1998
siopis j
22 october 2008
perth
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 65 of 1998
BETWEEN: DENNIS SAMBO AND OTHERS
Applicant
AND: STATE OF WESTERN AUSTRALIA AND OTHERS
Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 22 OCTOBER 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The notice of motion dated 5 November 2007 is dismissed. 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 WAD 65 of 1998
BETWEEN: DENNIS SAMBO AND OTHERS
Applicant
AND: STATE OF WESTERN AUSTRALIA AND OTHERS
Respondent
JUDGE: SIOPIS J
DATE: 22 OCTOBER 2008
PLACE: PERTH
REASONS FOR JUDGMENT 1 The applicant in this proceeding for a native title determination in the Central West Goldfields region of Western Australia is comprised of seven persons. They are Dennis Sambo, Elizabeth Sambo, Carlene Sceghi, Linda Champion, Nancy Wilson, Sue Wyatt and Victor Cooper. There is a schism between the first five named persons, and Ms Wyatt and her brother, Mr Cooper. The first five named persons seek by this application to have Ms Wyatt and Mr Cooper removed as "parties" to this proceeding.
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