NC (deceased) v State of Western Australia (No 2) [2013] FCA 70

FEDERAL COURT OF AUSTRALIA

NC (deceased) v State of Western Australia (No 2) [2013] FCA 70 Citation: NC (deceased) v State of Western Australia (No 2) [2013] FCA 70

Parties: NC (DECEASED) AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS

File number: WAD 6005 of 2003

Judge: MCKERRACHER J

Date of judgment: 12 February 2013

Catchwords: NATIVE TITLE – application under s 66B of the Native Title Act 1993 (Cth) to replace the current applicant – whether authorisation of replacement applicant at the meeting was effective – whether anterior question of whether there was a traditional decision-making process was addressed – whether there was a decision-making process adopted by the meeting – whether Court should exercise its residual discretion not to allow s 66B application, even if technical requirements met, where substantial minority faction would no longer be included in replacement applicant

Legislation: Native Title Act 1993 (Cth) ss 66B, 251B

Cases cited: Anderson v State of Western Australia (2003) 134 FCR 1 Butchulla People v State of Queensland (2006) 154 FCR 233 Coyne v State of Western Australia [2009] FCA 533 Daniel v State of Western Australia (2002) 194 ALR 278 Daniel v State of Western Australia [2005] FCA 536 Holborow v State of Western Australia [2002] FCA 1428 Lawson on behalf of the 'Pooncarie' Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 1517 Noble v Mundraby, Murgha, Harris and Garling [2005] FCAFC 212 P.C. (name withheld for cultural reasons) on behalf of the Njamal People v State of Western Australia [2007] FCA 1054 'Pooncarie' Barkandji (Paakantyi) People v NSW Minister for Land & Water Conservation [2006] FCA 25 Roe v State of Western Australia (No 2) [2011] FCA 102 Ward v Northern Territory of Australia (2002) 196 ALR 32