Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia [2018] FCA 1671

FEDERAL COURT OF AUSTRALIA

Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia [2018] FCA 1671 File numbers: WAD 490 of 2016 WAD 6007 of 2000 WAD 327 of 2012

Judge: MORTIMER J

Date of judgment: 6 November 2018

Catchwords: NATIVE TITLE – interlocutory application for vacation of hearing dates and programming orders for separate question regarding overlap between three native title applications – funding not currently available to one native title applicant – circumstances in which it is appropriate to adjourn a hearing where a native title applicant is or may become self-represented – no certainty that funding would be granted at a future date – not appropriate in the circumstances to adjourn hearings – application dismissed PRACTICE AND PROCEDURE – principles relevant to whether a listed hearing should be vacated – consideration of impact on the administration of justice of adjournment of listed hearing – vacation of listing not warranted in the circumstances

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth), s 37N Native Title Act 1993 (Cth), ss 61, 203FB, 203FBA, 203FE

Cases cited: Agius v State of South Australia (No 4) [2017] FCA 361 Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales [2010] FCA 1073 Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 5) [2016] FCA 752 Smirke on behalf of the Jurruru People v State of Western Australia [2015] FCA 939 Smirke on behalf of the Jurruru People v State of Western Australia [2017] FCA 825 Smirke on behalf of the Jurruru People v State of Western Australia [2018] FCA 101 Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia [2017] FCA 1568 UBS AG v Tyne [2018] HCA 45