Ward v State of Western Australia (No 2) [2014] FCA 825

FEDERAL COURT OF AUSTRALIA

Ward v State of Western Australia (No 2) [2014] FCA 825 Citation: Ward v State of Western Australia (No 2) [2014] FCA 825

Parties: FRED WARD & ORS ON BEHALF OF THE TRADITIONAL OWNERS OF THE GIBSON DESERT NATURE RESERVE v STATE OF WESTERN AUSTRALIA

File number: WAD 86 of 2012

Judge: BARKER J

Date of judgment: 6 August 2014

Catchwords: NATIVE TITLE – interlocutory application to strike out paragraphs of respondent's second further amended defence and intervener's further amended defence – whether respondent and intervener should be permitted to change their positions and withdraw admissions as to exclusive native title rights at material times in area of compensation application – whether respondent should be granted leave to file third further amended defence – consideration of relevant case management principles

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) s 47A, s 47B, s 53 Mining Act 1904 (WA) Petroleum Act 1936 (WA) Federal Court Rules 2011 (Cth) Pt 16; R 16.02; R 16.51; 16.53; R 26.11(2)

Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390 Bomanite Pty Ltd v Slatex Corp Aust Pty Ltd (1991) 32 FCR 379 Centrestate Exports Pty Ltd v Amarantos Shipping Co Ltd [2005] SASC 158 Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 4) [2006] FCA 1552 Granitgard Pty Ltd v Termicide Pest Control Pty Ltd [2008] FCA 865 Jango v Northern Territory [2006] FCA 318; (2006) 152 FCR 150 Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited (No 3) [2013] FCA 1323 Optical 88 Limited v Optical 88 Pty Ltd [2010] FCA 310 Rooney v ABB Grain Ltd [2010] FCA 1392 SPI Spirits (Cyprus) Ltd v Diageo Australia Ltd (No 4) [2007] FCA 1035