Wilkes v State of Western Australia [2003] FCA 142

Wilkes v State of Western Australia [2003] FCA 142

Further deferment of the trial would be unfair, particularly to Mr Bodney, due to unexplained delay by SWAL&SCAC and lack of assurance in compliance with new timetables. The interests of justice require the trial to proceed.

Parties
First Combined Applicants: Richard Wilkes and Albert Corunna on behalf of the Darbarlyung Nyoongars of the Derbal Yerrigan and the Swan River Plains; Second Combined Applicants: Robert Charles Bropho on behalf of the Swan Valley Nyungah Community; Third Combined Applicants: William Warrell on behalf of the Warrell Family; Fourth Combined Applicants: Gregory Lawrence Garlett and Kelvin Patrick Garlett on behalf of the Garlett Family; Bodney Applicants: Corrie Christopher Bodney on behalf of the Bodney Family Ballaruks; Respondents: State of Western Australia and Ors; Respondent: Commonwealth of Australia; Respondent: Various local government bodies and some mining interests; Respondent: WAFIC; Respondent: Group 15 in WAG 142/98 and Group 12 in WAG 149/98; Respondent: Town of Bassendean & others (various local government bodies); Party: South West Aboriginal Land & Sea Council Aboriginal Corporation (SWAL&SCAC)
Jurisdiction
Australia
Judgment Date
05 November 2003
Procedural Posture
Native Title / Motion to Vacate Trial Dates
Outcome
Motion to vacate trial dates refused.
Legal Topics
Practice and Procedure, Vacation of Trial Dates, Case Management
Native Title Practice and Procedure Vacation of Trial Dates Case Management

Case Brief

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Parties

Richard Wilkes and Albert Corunna on behalf of the Darbarlyung Nyoongars of the Derbal Yerrigan and the Swan River Plains

First Combined Applicants

Robert Charles Bropho on behalf of the Swan Valley Nyungah Community

Second Combined Applicants

William Warrell on behalf of the Warrell Family

Third Combined Applicants

Gregory Lawrence Garlett and Kelvin Patrick Garlett on behalf of the Garlett Family

Fourth Combined Applicants

Corrie Christopher Bodney on behalf of the Bodney Family Ballaruks

Bodney Applicants

State of Western Australia and Ors

Respondents

Commonwealth of Australia

Respondent

Various local government bodies and some mining interests

Respondent

WAFIC

Respondent

Group 15 in WAG 142/98 and Group 12 in WAG 149/98

Respondent

Town of Bassendean & others (various local government bodies)

Respondent

South West Aboriginal Land & Sea Council Aboriginal Corporation (SWAL&SCAC)

Party

Procedural Posture

Native Title / Motion to Vacate Trial Dates

Legal Issues

  1. 1 Should the trial dates for the hearing of combined native title applications be vacated at the request of SWAL&SCAC.

Ratio Decidendi

Further deferment of the trial would be unfair, particularly to Mr Bodney, due to unexplained delay by SWAL&SCAC and lack of assurance in compliance with new timetables. The interests of justice require the trial to proceed.

Court Disposition

Motion to vacate trial dates refused.

Orders

  • Motion to vacate trial dates refused.