JT on behalf of the Njamal People v State of Western Australia [2016] FCA 458

FEDERAL COURT OF AUSTRALIA

JT on behalf of the Njamal People v State of Western Australia [2016] FCA 458 File number: WAD 6028 of 1998

Judge: BARKER J

Date of judgment: 3 May 2016

Catchwords: NATIVE TITLE – application to replace current applicant under s 66B of the Native Title Act 1993 (Cth) – whether replacement applicant comprised of members of claim group – whether circumstances in s 66B(1)(a) established – whether replacement applicant authorised by claim group – discretion to make order under s 66B

Legislation: Native Title Act 1993 (Cth) s 66B, s 66B(1), s 66B(1)(a), s 66B(2), s 251B, s 251B(b)

Cases cited: Butterworth on behalf of the Wiri Core Country Claim v State of Queensland (No 2) [2014] FCA 590 Daniel and Others v Western Australia and Others (2002) 194 ALR 278; [2002] FCA 1147 Jurruru People v State of Western Australia [2012] FCA 2 Stock v State of Western Australia [2014] FCA 179 TJ v State of Western Australia [2015] FCA 818

Date of hearing: Determined on the papers

Registry: Western Australia

Division: General Division

National Practice Area: Native Title

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: Mr M Fort

Solicitor for the Applicant: Yamatji Marlpa Aboriginal Corporation

ORDERS WAD 6028 of 1998

BETWEEN: JT (DECEASED) & ORS ON BEHALF OF THE NJAMAL PEOPLE Applicant

AND: STATE OF WESTERN AUSTRALIA & ORS Respondents

JUDGE: BARKER J DATE OF ORDER: 3 MAY 2016

THE COURT ORDERS THAT:

1. Pursuant to s 66B of the Native Title Act 1993 (Cth) (NTA), Kevin Allen, Willie Jumbo, Alice Mitchell, Tony Taylor and Jean Walker (collectively the new applicant) replace the current applicant in this matter on the grounds that: (a) Rodney Monaghan has consented to his removal (s 66B(1)(a)(i)); (b) JT, MC and LW (names withheld for cultural reasons) are deceased (s 66B(1)(a)(ii)); (c) the current applicant is no longer authorised by the claim group to make the claimant application and to deal with matters arising in relation to it (s 66B(1)(a)(iii)); and (d) the persons who comprise the new applicant are authorised by the claim group to make this interlocutory application under s 66B of the NTA and are authorised to bring the claimant application and to deal with matters arising in relation to it. 2. The heading of the claimant application be amended to reflect the names of the new applicant. 3. Service of the interlocutory application filed 15 April 2016 and supporting documentation on any respondent other than the State be dispensed with. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.