Strickland v Western Australia [1999] FCA 221

Strickland v Western Australia [1999] FCA 221

Amendments combining native title determination applications under s 64 of the Native Title Act 1993 (Cth) should be brought to the Court by application or motion under O 13 r 2 of the Federal Court Rules. O 13 r 3(1) does not apply because an application is not a pleading, and O 78 r 7 is not a code or substantive source of authority for amendment.

Jurisdiction
Australia
Judgment Date
17 February 1999
Procedural Posture
Native Title Determination Claimant Application / Notice of Motion to Amend and Combine Native Title Determination Applications
Outcome
Orders made by consent and on the motion to deconsolidate, amend and combine the applications under WAG 76 of 1997.
Legal Topics
['combination of Native Title Applications' 'amendment of Applications' 'consolidation and Deconsolidation' 'federal Court Rules']
['native Title' 'civil Procedure'] ['combination of Native Title Applications' 'amendment of Applications' 'consolidation and Deconsolidation' 'federal Court Rules']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Determination Claimant Application / Notice of Motion to Amend and Combine Native Title Determination Applications

Legal Issues

  1. 1 ['Whether the Court should treat combination of native title applications under s 64 of the Native Title Act 1993 (Cth) as distinct from consolidation under the Federal Court Rules.' 'Whether O 13 r 3 of the Federal Court Rules allowed the applicants to amend native title determination applications without leave.' 'Whether O 78 r 7 of the Federal Court Rules provided the source of authority or a code for amendment of native title applications.' 'Whether amendments combining native title determination applications should be brought by application or motion under O 13 r 2 of the Federal Court Rules.']

Ratio Decidendi

Amendments combining native title determination applications under s 64 of the Native Title Act 1993 (Cth) should be brought to the Court by application or motion under O 13 r 2 of the Federal Court Rules. O 13 r 3(1) does not apply because an application is not a pleading, and O 78 r 7 is not a code or substantive source of authority for amendment.

Court Disposition

Orders made by consent and on the motion to deconsolidate, amend and combine the applications under WAG 76 of 1997.

Orders

  • ['By consent the orders made on 12 February 1999, not having been entered, be vacated.' 'Order 1 under the heading "Consolidation of Claims" made on 3 July 1998 in each of applications WAG 76 of 1997 and WAG 63 of 1998 be revoked, and applications WAG 76 of 1997 and WAG 63 of 1998 be deconsolidated.' 'Application...