Huddleston v Northern Territory of Australia [2019] FCA 6

Huddleston v Northern Territory of Australia [2019] FCA 6

The Court was satisfied that the s 66B grounds were established because Arthur Que Noy had died, Michael Foster was a member of the Kamu clan group of which Mr Noy was also a member, the Kamu clan group authorised Mr Foster at a meeting on 20 November 2018 in accordance with traditional decision-making processes to apply to be named as an applicant in the proceeding and replace the deceased, and Mr Foster consented to becoming an applicant.

Jurisdiction
Australia
Judgment Date
11 January 2019
Procedural Posture
Native Title Claimant Application / Interlocutory Application Under S 66 B of the Native Title Act 1993 (cth), Determined on the Papers
Outcome
Interlocutory application granted.
Legal Topics
['replacement of Applicant' 'deceased Named Applicant' 'authorisation by Claim Group' 'traditional Decision Making Processes']
['native Title'] ['replacement of Applicant' 'deceased Named Applicant' 'authorisation by Claim Group' 'traditional Decision Making Processes']

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Procedural Posture

Native Title Claimant Application / Interlocutory Application Under S 66 B of the Native Title Act 1993 (cth), Determined on the Papers

Legal Issues

  1. 1 ['Whether Michael Foster should replace the deceased named applicant Arthur Que Noy under s 66B of the Native Title Act 1993 (Cth).' 'Whether Michael Foster was authorised by the relevant claim group to make the application and deal with matters arising in relation to it.']

Ratio Decidendi

The Court was satisfied that the s 66B grounds were established because Arthur Que Noy had died, Michael Foster was a member of the Kamu clan group of which Mr Noy was also a member, the Kamu clan group authorised Mr Foster at a meeting on 20 November 2018 in accordance with traditional decision-making processes to apply to be named as an applicant in the proceeding and replace the deceased, and Mr Foster consented to becoming an applicant.

Court Disposition

Interlocutory application granted.

Orders

  • ['The name of the applicant in proceedings NTD 6023 of 2001 be amended by replacing the name Arthur Que Noy with the name Michael Foster.' 'The heading of the application be amended by removing the words "Arthur Que Noy & Ors" from the title of the action and by inserting the words "Daphne Huddleston & Ors" in their...