Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
JED (Deceased) v State of Western Australia [2008] FCA 1684
JED (DECEASED) & ANOTHER ON BEHALF OF THE ESPERANCE NYUNGARS and ARTHUR DIMER & OTHERS ON BEHALF OF THE NGADJU PEOPLES v STATE OF WESTERN AUSTRALIA & OTHERS
WAD 6097 of 1998, part of WAD 6221 of 1998 and part of WAD 6181 of 1998
SIOPIS J
23 OCTOBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6097 of 1998, part of WAD 6221 of 1998 and part of WAD 6181 of 1998
BETWEEN: JED (DECEASED) & ANOTHER ON BEHALF OF THE ESPERANCE NYUNGARS
First Applicant
ARTHUR DIMER & OTHERS ON BEHALF OF THE NGADJU PEOPLES
Third Applicant
AND: STATE OF WESTERN AUSTRALIA & OTHERS
Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 23 OCTOBER 2008
WHERE MADE: PERTH
IN RELATION TO THE FIRST APPLICANT'S AMENDED NOTICE OF MOTION FILED ON 22 OCTOBER 2008, THE COURT ORDERS THAT: 1. The applicant be granted leave to amend its notice of motion: (a) to disclose the names of the persons bringing the application to replace the applicant under s 66B of the Native Title Act 1993 (Cth) (the Act); (b) to seek relief under s 66B of the Act to replace the applicant; and (c) otherwise in accordance with the notice of motion filed on 22 October 2008. 2. The minute of proposed amended application be amended by the replacement of the existing attachment B2 with the replacement B2 that was handed up in Court. 3. Elaine Bullen, Jenny Woods, Diane Clinch, Veronica Williams-Bennell, Graham Tucker and Jarman Jamieson on behalf of the Esperance Nyungar people (the Proposed Applicant) do jointly replace the current applicant on the grounds that: (a) Malcolm John Bullen and James Edward Dimer (the Current Applicant) are now deceased and can no longer be authorised by the claim group to make the application or deal with matters arising in relation to it; and (b) the Proposed Applicant is authorised by the claim group to make the application and to deal with matters arising in relation to it. 4. The applicant be granted leave to amend the application by filing a new Form 1 and map in the form of annexure "SK1" (as amended) to the affidavit of Sophie Kilpatrick sworn 22 October 2008. 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
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