Nicholls on behalf of the Bundjalung People of Byron Bay and Attorney General of New South Wales [2019] FCA 277

Nicholls on behalf of the Bundjalung People of Byron Bay and Attorney General of New South Wales [2019] FCA 277

The Court was satisfied that Lorraine Harding, one of the persons who jointly comprised the current applicant, had died and that the claim group, using its decision-making process at a duly convened meeting, unanimously authorised Dulcie Nicholls, Yvonne Stewart, Stanley Kay, Norman Graham, Brian Kelly and Judith Davies to jointly comprise the applicant and deal with matters arising in relation to the application. The statutory requirements for replacement under s 66B(1)(a)(ii) were therefore met.

Jurisdiction
Australia
Judgment Date
07 March 2019
Procedural Posture
Native Title Claimant Application / Interlocutory Application Determined on the Papers for Replacement of the Current Applicant
Outcome
Application granted.
Legal Topics
['replacement of Current Applicant' 'authorisation by Native Title Claim Group' 'death of Current Applicant']
['native Title'] ['replacement of Current Applicant' 'authorisation by Native Title Claim Group' 'death of Current Applicant']

Case Brief

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Procedural Posture

Native Title Claimant Application / Interlocutory Application Determined on the Papers for Replacement of the Current Applicant

Legal Issues

  1. 1 ['Whether Dulcie Nicholls, Yvonne Stewart, Stanley Kay, Norman Graham, Brian Kelly and Judith Davies should jointly replace the current applicant under s 66B(1)(a)(ii) of the Native Title Act 1993 (Cth) on the basis that Lorraine Harding, one of the persons who jointly comprised the applicant, had died and the claim group had authorised the replacement applicants.']

Ratio Decidendi

The Court was satisfied that Lorraine Harding, one of the persons who jointly comprised the current applicant, had died and that the claim group, using its decision-making process at a duly convened meeting, unanimously authorised Dulcie Nicholls, Yvonne Stewart, Stanley Kay, Norman Graham, Brian Kelly and Judith Davies to jointly comprise the applicant and deal with matters arising in relation to the application. The statutory requirements for replacement under s 66B(1)(a)(ii) were therefore met.

Court Disposition

Application granted.

Orders

  • ['Pursuant to s 66B(1)(a)(ii) of the Native Title Act 1993 (Cth), Dulcie Nicholls, Yvonne Stewart, Stanley Kay, Norman Graham, Brian Kelly and Judith Davies jointly replace the current applicant.']