Tucker on behalf of the Narnoobinya Family Group v Western Australia [2009] FCA 1459

FEDERAL COURT OF AUSTRALIA

Tucker on behalf of the Narnoobinya Family Group v Western Australia [2009] FCA 1459

NATIVE TITLE – application for native title claim to be dismissed – whether application should be dismissed pursuant to O 20 r 4(2) of Federal Court Rules – where failure to prosecute claim

Native Title Act 1993 (Cth) s 67 Federal Court Rules O 20 r 4(2), O 35A r 3(1)(a) McKenzie v South Australia(2005) 214 ALR 214; [2005] FCA 22 referred to Lawson v NSW Minister for Land and Water Conservation [2007] FCA 8 referred to Beattie on behalf of Western Wakka Wakka Peoples v Queensland [2007] FCA 596 referred to

DOROTHY ANN TUCKER & ANOR ON BEHALF OF THE NARNOOBINYA FAMILY GROUP v STATE OF WESTERN AUSTRALIA & ORS

WAD 6170 of 1998

JOHN WALTER GRAHAM & ORS ON BEHALF OF THE NGADJU PEOPLE v STATE OF WESTERN AUSTRALIA & ORS

WAD 6020 of 1998

MARSHALL J

4 DECEMBER 2009

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

general division WAD 6170 of 1998

BETWEEN: DOROTHY ANN TUCKER & ANOR ON BEHALF OF THE NARNOOBINYA FAMILY GROUP

Applicants

AND: STATE OF WESTERN AUSTRALIA & ORS

Respondents

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

general division WAD 6020 of 1998

BETWEEN: JOHN WALTER GRAHAM & ORS ON BEHALF OF THE NGADJU PEOPLE

Applicants

AND: STATE OF WESTERN AUSTRALIA & ORS

Respondents

JUDGE: MARSHALL J

DATE OF ORDER: 4 DECEMBER 2009

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. Subject to Orders 2 and 3 below, each motion before the Court is adjourned to a date to be fixed. 2. The applicants in WAD 6170 of 1998, on or before 11 December 2009, file and serve a document setting out precisely what steps they intend to take in that proceeding and a reasonable time frame proposed for carrying out those steps. 3. In the event of non-compliance with Order 2, proceeding WAD 6170 of 1998 is dismissed.