FEDERAL COURT OF AUSTRALIA Tigan on behalf of the Mayala People v State of Western Australia [2014] FCA 251 Citation: Tigan on behalf of the Mayala People v State of Western Australia [2014] FCA 251 Parties: MITCHELL TIGAN AND OTHERS ON BEHALF OF THE MAYALA PEOPLE v STATE OF WESTERN AUSTRALIA AND OTHERS File number: WAD 6255 of 1998 Judge: GILMOUR J Date of judgment: 19 February 2014 Catchwords: NATIVE TITLE - application pursuant to s 66B of the Native Title Act 1993 (Cth) to replace current applicant – title of action amended Legislation: Native Title Act 1993 (Cth) s 66B Date of hearing: 19 February 2014 Place: Perth Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 2 Counsel for the Applicant: Ms J Cole Solicitor for the Applicant: Kimberley Land Council Aboriginal Corporation Counsel for the State of Western Australia: No appearance Solicitor for the State of Western Australia: State Solicitor's Office Counsel for the Commonwealth: No appearance Solicitor for the Commonwealth: Australian Government Solicitor IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 6255 of 1998 BETWEEN: MITCHELL TIGAN AND OTHERS ON BEHALF OF THE MAYALA PEOPLE Applicant AND: STATE OF WESTERN AUSTRALIA AND OTHERS Respondents JUDGE: GILMOUR J DATE OF ORDER: 19 FEBRUARY 2014 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. Pursuant to section 66B of the Native Title Act 1993 (Cth), that Mitchell Tigan, Sandy Isaac, Valarie Wiggan, Jodi Humphries, Graham Ejai and Christopher Hubert do jointly replace the current applicant. 2. The heading of the current application be amended by removing the words "Aubrey Tigan and Others" from the title of the action and by adding the words "Mitchell Tigan and Others" to the title of the action. 3. That any requirement to file and serve an amended claimant application be waived. 4. Service of this interlocutory application on any respondent other than the State of Western Australia be dispensed with. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 6255 of 1998 BETWEEN: MITCHELL TIGAN AND OTHERS ON BEHALF OF THE MAYALA PEOPLE Applicant AND: STATE OF WESTERN AUSTRALIA AND OTHERS Respondents JUDGE: GILMOUR J DATE: 19 FEBRUARY 2014 PLACE: PERTH REASONS FOR JUDGMENT 1 This is an application pursuant to s 66B of the Native Title Act 1993 (Cth) for certain persons to be replaced as the applicant in the matter. There are ancillary orders sought. The application is supported by the following affidavits, each of which has been affirmed: (a) Alarna Maher, 22 January 2014; (b) Jodi Humphries, 27 December 2013; (c) Mitchell Tigan, 21 January 2014; (d) Sandy Isaac, 21 January 2014; (e) Christopher Hubert, 22 January 2014; (f) Valarie Wiggan, 21 January 2014; (g) Graham Ejai, 5 February 2014; (h) Dante Mavec, 7 February 2014. 2 I have considered these affidavits together with the detailed outline of written submissions filed by the applicant, which I accept, and I am satisfied that there is a proper basis to make each of the orders which are sought in the interlocutory application, and I do so. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour. Associate: Dated: 25 March 2014