Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bennell v State of Western Australia [2008] FCA 1633
NATIVE TITLE – a new body was recognised as the representative body for an area – whether the former representative body for the area retained a sufficient interest to remain a party to the proceeding in respect of that area Native Title Act 1993 (Cth) Pt 11, Div 3, ss 66(3), 84(3), 84(8), 84(9), 203AD(4), 203FC Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal and Torres Strait Islander Affairs (2000) 175 ALR 706 ANTHONY BENNELL AND ORS (SINGLE NOONGAR CLAIM NO 1) v STATE OF WESTERN AUSTRALIA AND ORS
WAD 6006 of 2003
SIOPIS J
5 november 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6006 of 2003
BETWEEN: ANTHONY BENNELL AND ORS (SINGLE NOONGAR CLAIM NO 1)
Applicant
AND: STATE OF WESTERN AUSTRALIA AND ORS
Respondents
JUDGE: SIOPIS J DATE OF ORDER: 5 november 2008
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The Noongar Land Council do cease to be a party to Part A and Part B of the native title determination application WAD 6006 of 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6006 of 2003
BETWEEN: ANTHONY BENNELL AND ORS (SINGLE NOONGAR CLAIM NO 1)
Applicant
AND: STATE OF WESTERN AUSTRALIA AND ORS
Respondents
JUDGE: SIOPIS J
DATE: 5 november 2008
PLACE: PERTH
REASONS FOR JUDGMENT 1 The applicant on this motion is the South West Aboriginal Land and Sea Council Aboriginal Corporation (SWALSC), the representative body recognised under the Native Title Act 1993 (Cth) (the Act) for the south‑west of Western Australia. It is a party to this proceeding – which is known as the "Single Noongar Claim". The respondent to the motion, the Noongar Land Council, was previously, but is no longer, a recognised representative body under the Act. It is, however, also a party to this proceeding. The applicant brings this motion for an order that the Noongar Land Council cease to be a party to this proceeding on the grounds that it does not have a qualifying interest entitling it to be a party. The applicant in this proceeding supports SWALSC's motion.
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