Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 3) [2020] FCA 401 File number: QUD 25 of 2019
Judge: REEVES J
Date of judgment: 11 February 2020
Catchwords: NATIVE TITLE – application to amend a claimant application and have that application heard and determined according to s 84D of the Native Title Act 1993 (Cth) – whether leave to amend is in the interests of justice – where the applicant delayed in seeking leave – whether pleadings are required to conform with the claimant application – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Native Title Act 1993 (Cth) Native Title (Federal Court) Regulations 1998 (Cth)
Cases cited: Ashwin on behalf of the Wutha People v State of Western Australia (No 4) (2019) 369 ALR 1; [2019] FCA 308 Dieri People v South Australia (2003) 127 FCR 364; [2003] FCA 187 Fernance v The Nominal Defendant (1989) 17 NSWLR 710 Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) [2019] FCA 2115 McGraw-Hill Financial, Inc v Clurname Pty Ltd (2017) 123 ACSR 467; [2017] FCAFC 211 Miller v State of South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 Mount Isa Mines Ltd v The Ship "Thor Commander" (2018) 263 FCR 181; [2018] FCA 1326 Renowden v McMullin (1970) 123 CLR 584 Union Bank of Australia v Harrison, Jones & Devlin Ltd (1910) 11 CLR 492 Water Board v Moustakas (1988) 180 CLR 491
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