West on behalf of the Wakka Wakka People #3 v State of Queensland [2014] FCA 176

FEDERAL COURT OF AUSTRALIA

West on behalf of the Wakka Wakka People #3 v State of Queensland [2014] FCA 176 Citation: West on behalf of the Wakka Wakka People #3 v State of Queensland [2014] FCA 176

Parties: ROBERT WEST AND ORS ON BEHALF OF THE WAKKA WAKKA PEOPLE #3 v STATE OF QUEENSLAND AND ORS

File number: QUD 621 of 2011

Judge: COLLIER J

Date of judgment: 5 March 2014

Catchwords: NATIVE TITLE – interlocutory application requiring native title applicant to show cause why proceeding should not be dismissed – whether applicant has no real prospect of successfully prosecuting proceeding – whether applicant has failed to comply with order of Court – whether abuse of process – where publicly provided legal representatives ceased to act for applicant – native title claims of applicant and respondent claim groups overlapping – parties agreed to discontinue claims in case management conference and replace with new claim group – applicant's claim group resolved not to discontinue claim – respondents' claim group subsequently resolved not to discontinue claim – Court's discretion to summarily dismiss a proceeding – anthropological evidence inconclusive – evidence of apical ancestry not tested or finalised COSTS – where respondent in native title proceedings seeks costs of case management conferences – s 85A Native Title Act 1993 (Cth) – discretion of Court to tailor order for costs where conduct of a party unreasonable – usual approach to not order costs in native title proceedings