Champion on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 2) [2022] FCA 65

Federal Court of Australia

Champion on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 2) [2022] FCA 65 File number: WAD 647 of 2017

Judgment of: BROMBERG J

Date of judgment: 4 February 2022

Catchwords: NATIVE TITLE – application under s 66B of the Native Title Act 1993 (Cth) to replace applicant – application for leave to file an amended application – whether authorisation meeting was validly conducted in accordance with s 251B – whether sufficient notice of authorisation meeting was given – whether notice of authorisation meeting was misleading – whether conduct of authorisation meeting denied persons an opportunity to participate – whether changes to the claim group description were sufficiently explained – whether residual discretion under s 66B(2) not to replace applicant should be exercised – whether leave to amend the application should be refused – applications granted.

Legislation: Native Title Act 1993 (Cth) ss 13, 61, 66B, 84D, 251B

Cases cited: Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v State of Queensland (No 2) [2010] FCA 643 Akiba on behalf of the Torres Strait Regional Seas Claim v State of Queensland [2019] FCA 651 Akiba v Queensland (No 3) (2010) 204 FCR 1 Anderson on behalf of Numbahjing Claim within the Bundjalung Nation v New South Wales [2011] FCA 114 Ashwin on behalf of the Wutha People v State of Western Australia (No 4) [2019] FCA 308 Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760 Booth on behalf of the Kungardutyi Punthamara People v State of Queensland [2017] FCA 638 Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 Brown v State of South Australia [2009] FCA 206 Doctor on behalf of the Bigambul People v State of Queensland (No 2) [2013] FCA 746 Evans v Western Australia [2021] FCA 1382 Forrest v State of Western Australia [2014] FCA 876 Gomeroi People v Attorney General of New South Wales [2017] FCA 1464 Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 Holborow v State of Western Australia [2002] FCA 1428 Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams [2018] FCA 1955 NC (deceased) v State of Western Australia (No 2) [2013] FCA 70 Nona on behalf of the Badu People (Warral and Ului) v State of Queensland [2020] FCA 983 Reid v State of South Australia [2007] FCA 1479 Smirke on behalf of the Jurruru People v State of Western Australia (No 3) [2021] FCA 1122