Velickovic v State of Western Australia [2012] FCA 782

FEDERAL COURT OF AUSTRALIA

Velickovic v State of Western Australia [2012] FCA 782 Citation: Velickovic v State of Western Australia [2012] FCA 782

Parties: LEONNE VELICKOVIC, MARY ANNE VELICKOVIC, OLIVIA DIMER, GARY DIMER and LISA BONNEY ON BEHALF OF THE WIDJI PEOPLE v STATE OF WESTERN, COMMONWEALTH OF AUSTRALIA, SHIRE OF MENZIES, ARTHUR DIMER, OLLAN DIMER, JOHN WALTER GRAHAM AND OTHERS ON BEHALF OF THE NGADJU PEOPLES, CYRIL BARNES, MERLE FORREST, MERCY O'LOUGHLIN AND OTHERS ON BEHALF OF THE CENTRAL EAST GOLDFIELDS PEOPLE, GOLDFIELDS LAND AND SEA COUNCIL ABORIGINAL CORPORATION, ANGLOGOLD ASHANTI AUSTRALIA LIMITED, EDWARD WILLIAM GEORGE LISTER, BHP BILLITON NICKEL WEST PTY LTD, ARCHAEAN GOLD NL, KYM ANTHONY MCCLAREN, PLUTONIC OPERATIONS LTD, TELSTRA CORPORATION LIMITED, ANTHONY PHILIP GAMMAGE (CALOOLI STATION), EVELYN CHRISTINE GAMMAGE (CALOOLI STATION), JARAC PTY LTD, BARTON CECIL JONES, BURCHILL FRANCIS CECIL JONES, CHARLES BARTON CECIL JONES, JOHN LOAD CECIL JONES, JANET ANGELA MEARS (CALOOLI STATION), MENANGINA PTY LTD, MT VETTERS PASTORAL CO (1968) PTY LTD, GAYNOR MAREE SHIELDS (MADOONIA DOWNS) and VICTOR EDWARD SHIELDS (MADOONIA DOWNS)

File number: WAD 6243 of 1998

Judge: MCKERRACHER J

Date of judgment: 24 July 2012

Corrigendum: 20 August 2012

Catchwords: NATIVE TITLE – interlocutory application pursuant to s 81C(1) of the Native Title Act 1993 (Cth) by respondent native title representative body to strike out the main application on basis of non-compliance with authorisation requirements – whether native title claim group described with sufficient clarity – whether applicant group was in fact a sub-group of a native title claim group – whether new authorisation meeting could cure defect in authorisation PRACTICE AND PROCEDURE – whether proceeding was conducted as efficiently and cost effectively as possible consistent with the obligations imposed by sections 37M and 37N of the Federal Court of Australia Act 1976 (Cth) Held: native title determination application struck out – reauthorisation cannot cure claim where a different group of people are reauthorising claim brought on behalf of another group – applicant constituted a sub-group of a native title claim group – the proposed claim group description was fundamentally defective and the authorisation process unclear