TR (Deceased) on behalf of the Kariyarra People v State of Western Australia [2014] FCA 734

FEDERAL COURT OF AUSTRALIA

TR (Deceased) on behalf of the Kariyarra People v State of Western Australia [2014] FCA 734 Citation: TR (Deceased) on behalf of the Kariyarra People v State of Western Australia [2014] FCA 734

Parties: TR (DECEASED), CYRIL GORDON, DONNY WILSON, BA (DECEASED) and KERRY ROBINSON ON BEHALF OF THE KARIYARRA PEOPLE v STATE OF WESTERN AUSTRALIA and OTHERS (AS PER THE ATTACHED SCHEDULE A) TR (DECEASED), CYRIL GORDON, DONNY WILSON and KERRY ROBINSON ON BEHALF OF THE KARIYARRA – PIPINGARRA PEOPLE v STATE OF WESTERN AUSTRALIA AND OTHERS (AS PER THE ATTACHED SCHEDULE B)

File numbers: WAD 6169 of 1998 WAD 232 of 2009

Judge: NORTH J

Date of judgment: 9 July 2014

Catchwords: NATIVE TITLE – applications for determination of native title – interlocutory application to amend native title claim groups – challenge to application to amend native title claim groups – whether authorisation of the native title claim groups required for amendment – whether traditional decision making process for authorising amendment existed – whether requirement for authorisation requires authorisation by those claiming native title or those who would ultimately be found to be entitled to native title rights and interests – whether prejudice in allowing amendments

Legislation: Native Title Act 1993 (Cth) ss 61, 62A, 66B, 84C, 84D, 251B

Cases cited: Doctor on behalf of the Bigambul People v State of Queensland No 2 [2013] FCA 746 Dodd on behalf of the Wulliwulli People v State of Queensland No 2 [2009] FCA 1180 Harrington-Smith v WA (No 9) 238 ALR 1; [2007] FCA 31 Kudjala People v State of Queensland [2006] FCA 1564 Quall v Risk [2001] FCA 378 Risk v Northern Territory of Australia [2006] FCA 404 Wharton on behalf of the Kooma People v State of Queensland [2003] FCA 1398