Ward v Northern Territory of Australia [2002] FCA 1477

Ward v Northern Territory of Australia [2002] FCA 1477

The meeting of 9 May 2002 was attended by representatives of the relevant Dawawang or traditional owners and senior ceremonial or Law persons of the native title claim group, and the decisions made at that meeting were made in accordance with Aboriginal law and the traditional decision-making processes required by the group's traditional laws and customs. Those decisions withdrew the authority of the named applicants and authorised the proposed applicants to maintain and deal with the native title determination application, subject to the limitation that solicitors retained were to be Northern Land Council solicitors including Mr Levy. The requirements of s 66B were therefore established...

Jurisdiction
Australia
Judgment Date
02 December 2002
Procedural Posture
Native Title Determination Application; Application Under S 66 B of the Native Title Act 1993 (cth) to Replace Applicants / Reasons for Judgment and Orders on Interlocutory Application to Replace Current Applicants
Outcome
Application under s 66B granted; current applicants replaced by the proposed new applicants.
Legal Topics
['authorisation of Native Title Claim Group Applicants' 'withdrawal of Authorisation' 'decision Making Under Traditional Laws and Customs' 'replacement of Applicants Under S 66 B of the Native Title Act 1993 (cth)']
['native Title' 'federal Court Procedure'] ['authorisation of Native Title Claim Group Applicants' 'withdrawal of Authorisation' 'decision Making Under Traditional Laws and Customs' 'replacement of Applicants Under S 66 B of the Native Title Act 1993 (cth)']

Case Brief

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Procedural Posture

Native Title Determination Application; Application Under S 66 B of the Native Title Act 1993 (cth) to Replace Applicants / Reasons for Judgment and Orders on Interlocutory Application to Replace Current Applicants

Legal Issues

  1. 1 ['Whether the current named applicants were no longer authorised by the native title claim group to make and deal with the native title determination application.' 'Whether the proposed new applicants were members of the native title claim group and were authorised by the native title claim group to make and deal with the application.' "Whether the relevant decisions were made in accordance with the claim group's traditional decision-making process under traditional laws and customs." 'Whether the Court should exercise its discretion to replace the current applicants under s 66B of the Native Title Act 1993 (Cth).']

Ratio Decidendi

The meeting of 9 May 2002 was attended by representatives of the relevant Dawawang or traditional owners and senior ceremonial or Law persons of the native title claim group, and the decisions made at that meeting were made in accordance with Aboriginal law and the traditional decision-making processes required by the group's traditional laws and customs. Those decisions withdrew the authority of the named applicants and authorised the proposed applicants to maintain and deal with the native title determination application, subject to the limitation that solicitors retained were to be Northern Land Council solicitors including Mr Levy. The requirements of s 66B were therefore established...

Court Disposition

Application under s 66B granted; current applicants replaced by the proposed new applicants.

Orders

  • ['Paddy Carlton, Murphy Simon, Peter Newry, David Newry, Kim Aldus, Button Jones, Ben Barney, Blanche Flying Fox, Maggie John, Katherine Yarrbi, Peggy Griffiths, Jessie Kumboi, Douglas Boombi, Alice Boombi and Herbert Anthony (the new applicants) do jointly replace all the current applicants as applicants in this...