Chapman on behalf of the Wakka Wakka People #2 v State of Queensland [2007] FCA 597

Chapman on behalf of the Wakka Wakka People #2 v State of Queensland [2007] FCA 597

The references in the Native Title Act 1993 (Cth) to persons jointly constituting "the applicant" do not preclude viewing each person's authorisation individually. Because Pastor Collins was deceased and Mr Little and Mr Murray had shown they were unwilling to act in the representative capacity for which they were authorised, they were no longer proper or necessary parties. O 6 r 9(b) of the Federal Court Rules could therefore operate, and the Register of Native Title Claims should be amended to reflect the removal of their names.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Native Title Determination Application / Motion for Orders That Named Persons Cease to Be Parties and That the Register of Native Title Claims Be Amended
Outcome
Application granted; Reggie Little, Sam Murray Jnr and Henry Collins were ordered to cease to be parties and the Register of Native Title Claims was ordered to be amended accordingly.
Legal Topics
['authorisation of Native Title Applicant' 'removal of Parties' 'register of Native Title Claims' 'replacement of Applicant' 'federal Court Rules O 6 R 9']
['native Title' 'federal Court Procedure'] ['authorisation of Native Title Applicant' 'removal of Parties' 'register of Native Title Claims' 'replacement of Applicant' 'federal Court Rules O 6 R 9']

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Procedural Posture

Native Title Determination Application / Motion for Orders That Named Persons Cease to Be Parties and That the Register of Native Title Claims Be Amended

Legal Issues

  1. 1 ['Whether persons named as the applicant who are deceased or unwilling to act remain authorised to act in a representative capacity.' 'Whether the Court may order under O 6 r 9(b) of the Federal Court Rules that persons cease to be parties to a native title proceeding.' 'Whether O 6 r 9(b) is inconsistent with the Native Title Act 1993 (Cth), including ss 61, 66B and 251B.' 'Whether the Register of Native Title Claims can be amended to remove names of persons as applicant apart from an order under s 66B.']

Ratio Decidendi

The references in the Native Title Act 1993 (Cth) to persons jointly constituting "the applicant" do not preclude viewing each person's authorisation individually. Because Pastor Collins was deceased and Mr Little and Mr Murray had shown they were unwilling to act in the representative capacity for which they were authorised, they were no longer proper or necessary parties. O 6 r 9(b) of the Federal Court Rules could therefore operate, and the Register of Native Title Claims should be amended to reflect the removal of their names.

Court Disposition

Application granted; Reggie Little, Sam Murray Jnr and Henry Collins were ordered to cease to be parties and the Register of Native Title Claims was ordered to be amended accordingly.

Orders

  • ['Reggie Little, Sam Murray Jnr and Henry Collins cease to be parties to the proceedings.' 'The Register of Native Title Claims be amended to reflect removal of the names of those persons as applicant.']