Martin (deceased) v State of Western Australia (No 2) [2009] FCA 635

FEDERAL COURT OF AUSTRALIA

Martin (deceased) v State of Western Australia (No 2) [2009] FCA 635

NATIVE TITLE – application to replace deceased current applicant – whether new applicants are authorised by claim group under s 66B(1)(b) Native Title Act 1993 (Cth) – application to amend claimant application – whether claim by a subgroup of a larger community – whether claim group defined with sufficient particularity – applications allowed. Native Title Act 1993 (Cth) s 61(1), s 61(4), s 66B, s 66B(1), s 66B(1)(b), s 190C(3), s 251B Bolton v Western Australia [2004] FCA 760 Daniel v Western Australia (2002) 194 ALR 278 Dieri People v State of South Australia (2003) 127 FCR 364 Harrington-Smith v Western Australia (No 9) (2007) 238 ALR 1 Landers v State of South Australia (2003) 128 FCR 495 Martin v State of Western Australia [2008] FCA 1677 Ward v Northern Territory [2002] FCA 171 Ward v State of Western Australia (1998) 159 ALR 483 JOAN MARGARET MARTIN (DECEASED) v STATE OF WESTERN AUSTRALIA & ORS

WAD 6193 of 1998

BARKER J

12 JUNE 2009

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6193 of 1998

BETWEEN: JOAN MARGARET MARTIN (DECEASED)

Applicant

AND: STATE OF WESTERN AUSTRALIA & ORS

Respondent

JUDGE: BARKER J

DATE OF ORDER: 12 JUNE 2009

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. Irwin Tasman Lewis, Darryl Noel Woods, Errol Leonard Martin, Julie Lewis, Bill Lewis, Gregory Denis Martin and Gloria May Martin replace the current applicant in these proceedings. 2. The claimant application be amended in terms of the amendments proposed to Sch A, Sch E, Sch F, Sch G, Sch M, Sch O and Sch R as set out in the notice of motion application to amend the claimant application filed 1 May 2009. 3. The notice of motion filed 1 May 2009 proposing these amendments stand as the amendments to the claimant application and further service is 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.