Harrington-Smith on behalf of the Wongatha People v State of Western Australia [2002] FCA 871

Harrington-Smith on behalf of the Wongatha People v State of Western Australia [2002] FCA 871

The application was refused because Dolly Walker alone could not apply for representation in the Ngalia Kutjungkatja 1 proceeding where the party comprised both Dolly Walker and Kado Muir, there was no similar application in the newly commenced Ngalia Kutjungkatja 2 proceeding, and, most importantly, there was no evidence showing why leave should be granted or that representation by a non-legal practitioner was in the interests of the administration of justice.

Jurisdiction
Australia
Judgment Date
04 July 2002
Procedural Posture
Native Title Proceeding; Application Under S 85 of the Native Title Act 1993 (cth) for Leave to Be Represented by a Person Who Is Not a Legal Practitioner / Ex Parte Application Determined on the Papers During Part Heard Proceedings
Outcome
Application refused.
Legal Topics
['representation by Non Legal Practitioner' 'leave to Appear' 'native Title Claim Proceedings' 'federal Court Procedure']
['native Title' 'civil Procedure'] ['representation by Non Legal Practitioner' 'leave to Appear' 'native Title Claim Proceedings' 'federal Court Procedure']

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Procedural Posture

Native Title Proceeding; Application Under S 85 of the Native Title Act 1993 (cth) for Leave to Be Represented by a Person Who Is Not a Legal Practitioner / Ex Parte Application Determined on the Papers During Part Heard Proceedings

Legal Issues

  1. 1 ['Whether Dolly Walker should be granted leave under s 85 of the Native Title Act 1993 (Cth) to be represented by Ronald Thomas Parker, a person who is not a legal practitioner.' 'Whether Dolly Walker alone could make the application in circumstances where Dolly Walker and Kado Muir were the named applicants in the Ngalia Kutjungkatja 1 proceeding.' 'Whether there was evidence showing why leave should be granted.']

Ratio Decidendi

The application was refused because Dolly Walker alone could not apply for representation in the Ngalia Kutjungkatja 1 proceeding where the party comprised both Dolly Walker and Kado Muir, there was no similar application in the newly commenced Ngalia Kutjungkatja 2 proceeding, and, most importantly, there was no evidence showing why leave should be granted or that representation by a non-legal practitioner was in the interests of the administration of justice.

Court Disposition

Application refused.

Orders

  • ['The application by Dolly Walker under s 85 of the Native Title Act 1993 (Cth) to be represented by Ronald Thomas Parker be refused.']