Anderson v State of Western Australia [2003] FCA 1423

Anderson v State of Western Australia [2003] FCA 1423

The motion to amend the Ballardong native title determination application to contract its area and replace the named applicants is dismissed because the statutory conditions for replacement under s 66B of the Native Title Act 1993 (Cth) have not been satisfied. The meetings relied upon as authorising the replacement were not demonstrated to be attended by a sufficiently representative section of the claim group, were not adequately notified, and did not specifically address the lack of authority of the existing applicants, as required by s 66B. Moreover, at least two named applicants remain unwilling to support the amendments, and authority for their replacement is not evident. Over the...

Parties
Applicants: Cedric Anderson, Donald Collard, Sylvia Rachael Collard and others on behalf of the Ballardong People; Respondents: The State of Western Australia and others; Other: Pastoral Interests
Jurisdiction
Australia
Judgment Date
04 December 2003
Procedural Posture
Motion for Amendment and Replacement of Applicants in Native Title Determination Application / Interlocutory – Application to Amend And/or Replace Applicants, Decision on the Motion
Outcome
Motion dismissed; springing order made for conditional dismissal of the application unless proper steps are taken by 31 March 2004.
Legal Topics
Amendment of Native Title Applications, Replacement of Applicants, Authorisation Under Native Title Act 1993, Decision Making Processes in Native Title Claims
Native Title Civil Procedure Amendment of Native Title Applications Replacement of Applicants Authorisation Under Native Title Act 1993 Decision Making Processes in Native Title Claims

Case Brief

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Parties

Cedric Anderson, Donald Collard, Sylvia Rachael Collard and others on behalf of the Ballardong People

Applicants

The State of Western Australia and others

Respondents

Pastoral Interests

Other

Procedural Posture

Motion for Amendment and Replacement of Applicants in Native Title Determination Application / Interlocutory – Application to Amend And/or Replace Applicants, Decision on the Motion

Legal Issues

  1. 1 Whether the Court should allow the amendment of the Ballardong native title determination application to contract its area and replace named applicants
  2. 2 Whether authorisation of proposed replacement applicants was in accordance with the statutory requirements
  3. 3 Whether the meetings of native title group members were adequately notified and representative

Ratio Decidendi

The motion to amend the Ballardong native title determination application to contract its area and replace the named applicants is dismissed because the statutory conditions for replacement under s 66B of the Native Title Act 1993 (Cth) have not been satisfied. The meetings relied upon as authorising the replacement were not demonstrated to be attended by a sufficiently representative section of the claim group, were not adequately notified, and did not specifically address the lack of authority of the existing applicants, as required by s 66B. Moreover, at least two named applicants remain unwilling to support the amendments, and authority for their replacement is not evident. Over the...

Court Disposition

Motion dismissed; springing order made for conditional dismissal of the application unless proper steps are taken by 31 March 2004.

Orders

  • The motion filed 2 September 2003 is dismissed.
  • The Ballardong native title determination application is to stand dismissed unless on or before 31 March 2004: (a) a motion is filed, agreed to by all named applicants, to amend the application or seek further programming orders; or (b) an application compliant with s 66B of the Native Title Act 1993 (Cth) is filed...