Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coyne v State of Western Australia [2009] FCA 533
NATIVE TITLE – application under s 66B of the Native Title Act 1993 (Cth) to replace current applicant to a native title determination – whether claim group meeting was representative – whether authorisation of replacement applicant was effective – whether application was affected by the death of two persons authorised by claim group to comprise the replacement applicant before application was heard Native Title Act 1993 (Cth) ss 66B, 251B Native Title Amendment Bill 1997 (Cth), Explanatory Memorandum, para 25.16 Federal Court Rules O 80 Combined Mandingalbay Yidinji‑Gunggandji Claim v State of Queensland [2004] FCA 1703 Noble v Mundraby [2005] FCAFC 212 Risk v National Native Title Tribunal [2000] FCA 1589 De Rose v State of South Australia [2002] FCA 1342 Dingaal Tribe v State of Queensland [2003] FCA 999 Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760 Anderson v State of Western Ausralia [2007] FCA 1733 Sambo v State of Western Australia (2008) 172 FCR 271
DALLAS COYNE & OTHERS and AB (DECEASED) & OTHERS v THE STATE OF WESTERN AUSTRALIA & OTHERS
WAD 6134 OF 1998 AND WAD 6286 OF 1998
SIOPIS J
22 MAY 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6134 OF 1998 AND WAD 6286 OF 1998
BETWEEN: DALLAS COYNE & OTHERS
First Applicant
AB (DECEASED) & OTHERS
Second Applicant
AND: THE STATE OF WESTERN AUSTRALIA & OTHERS
Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 22 MAY 2009
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Hazel Brown, Glen Colbung, Ken Colbung, Rita Dempster and Mingli Wunjurri Nungala do jointly replace the current second applicant. 2. Any requirement to file and serve an amended application be dispensed with. 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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