Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 5) [2003] FCA 218

Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 5) [2003] FCA 218

Leave to amend the application is refused at this stage as the proposed amendments do not sufficiently clarify or comply with the requirements of the Native Title Act 1993 (Cth) regarding identification of areas and claim group, and may contravene s 64(1) by potentially including new areas. Other concerns regarding the articulation of rights and particulars also require resolution.

Parties
Applicants: Ron Harrington-Smith, Leo Thomas, Cyril Barnes & Others on behalf of the Wongatha People; Respondents: State of Western Australia & Others; Respondents: Commonwealth of Australia; Respondents: Group 5B and Group 5F respondents; Respondents: Group 6A respondents (Members of the Pastoralists' and Graziers' Association)
Jurisdiction
Australia
Judgment Date
19 March 2003
Procedural Posture
Native Title Amendment Application / Interlocutory Application – Leave to Amend Application
Outcome
Leave to amend refused
Legal Topics
Amendment of Native Title Applications, Compliance With Native Title Act 1993 (cth), Identification of Claim Group, Statutory Compliance, Scope of Native Title Rights and Interests
Native Title Civil Procedure Amendment of Native Title Applications Compliance With Native Title Act 1993 (cth) Identification of Claim Group Statutory Compliance Scope of Native Title Rights and Interests

Case Brief

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Parties

Ron Harrington-Smith, Leo Thomas, Cyril Barnes & Others on behalf of the Wongatha People

Applicants

State of Western Australia & Others

Respondents

Commonwealth of Australia

Respondents

Group 5B and Group 5F respondents

Respondents

Group 6A respondents (Members of the Pastoralists' and Graziers' Association)

Respondents

Procedural Posture

Native Title Amendment Application / Interlocutory Application – Leave to Amend Application

Legal Issues

  1. 1 Whether proposed amendments to the native title application would include areas not covered by the original application contrary to s 64(1) of the Native Title Act 1993 (Cth)
  2. 2 Whether references to ss 47, 47A, 47B and the 'non-extinguishment principle' reinstate internal excluded areas
  3. 3 Whether new rights claimed (such as right to teach and pass on knowledge) are within the statutory definition of 'native title rights and interests'

Ratio Decidendi

Leave to amend the application is refused at this stage as the proposed amendments do not sufficiently clarify or comply with the requirements of the Native Title Act 1993 (Cth) regarding identification of areas and claim group, and may contravene s 64(1) by potentially including new areas. Other concerns regarding the articulation of rights and particulars also require resolution.

Court Disposition

Leave to amend refused

Orders

  • Leave to amend the application be refused at this stage
  • Written reasons for the decision be supplied to the parties