Lennon v State of South Australia [2010] FCA 743

FEDERAL COURT OF AUSTRALIA

Lennon v State of South Australia [2010] FCA 743 Citation: Lennon v State of South Australia [2010] FCA 743

Parties: WILLIAM HERBERT LENNON SNR & ORS v STATE OF SOUTH AUSTRALIA & ORS

File number: SAD 6007 of 1998

Judge: MANSFIELD J

Date of judgment: 16 July 2010

Catchwords: NATIVE TITLE – where one of several persons authorised under s 251B, Native Title Act 1993 (Cth) has died – whether remaining authorised persons may apply to remove name of deceased person as a party – whether it is necessary under s 251B for native title claim group to authorise a new person or persons to maintain and deal with matters arising in relation to application and for application under s 66B(1) to replace applicant Held – (1) remaining authorised persons may apply under s 62A or Order 6 rule 9 Federal Court Rules to remove name of deceased person as a party, and may continue to deal with matters arising in relation to application; (2) terms of authorisation impliedly authorised remaining authorised persons to continue as the applicant; (3) it is not necessary for fresh authorisation under s 251B and application under s 66B to replace applicant

Legislation: Native Title Act 1993 (Cth) Native Title Amendment (Technical Amendments) Act 2007 (Cth) Native Title Amendment Act 1998 (Cth) Federal Court Rules

Cases cited: Butchulla People v Queensland and Others (2006) 154 FCR 233 followed Chapman and Others v Queensland and Others (2007) 159 FCR 507 followed Doolan and Others v Native Title Registrar and Others (2007) 158 FCR 56 considered Sambo and Others v Western Australia and Others [2008] 172 FCR 271 distinguished Coyne v State of Western Australia [2009] FCA 533 noted Anderson v State of Western Australia [2007] FCA 1733 noted Commonwealth v Yarmirr (2001) 208 CLR 1 cited Project Bluesky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Que Noy v Northern Territory of Australia [2007] FCA 188 cited Date of hearing: 30 April 2010