Frank on behalf of the Mayala People v State of Western Australia (No 3) [2016] FCA 1255

FEDERAL COURT OF AUSTRALIA

Frank on behalf of the Mayala People v State of Western Australia (No 3) [2016] FCA 1255 File number(s): WAD 6255 of 1998

Judge(s): BARKER J

Date of judgment: 21 October 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) ss 66B, 66B(1), 66B(1)(a), 66B(2), 251B, 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 D Mavec

Solicitor for the Applicant: Kimberley Land Council

ORDERS WAD 6255 of 1998

BETWEEN: YANKUI FRANK & ORS Applicant

AND: STATE OF WESTERN AUSTRALIA & ORS Respondents

JUDGE: BARKER J DATE OF ORDER: 21 October 2016

THE COURT ORDERS THAT:

1. Pursuant to s 66B of the Native Title Act 1993 (Cth), the current applicant is replaced by Yankui Frank, Max Ejai, Janella Isaac, Jodi Humphries and Valarie Wiggan. 2. Any requirement to file and serve an amended claimant application be waived. 3. 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.