Far West Coast Native Title Claim Group v State of South Australia (No 3) [2012] FCA 1435

Far West Coast Native Title Claim Group v State of South Australia (No 3) [2012] FCA 1435

Mr Miller had adequate opportunity to present his case in accordance with directions. There is no sufficient justification for a further adjournment, and further delay would prejudice progress towards a consent determination and risk injustice. The application to vacate the hearing date is refused.

Parties
Applicant: Far West Coast Native Title Claim Group; First Respondent: State of South Australia; Second Respondent: Commonwealth of Australia; Interlocutory Applicant: Robert Miller
Jurisdiction
Australia
Judgment Date
13 December 2012
Procedural Posture
Native Title Claim / Interlocutory Application – Application to Vacate Hearing Date of Interlocutory Application
Outcome
Application to vacate the hearing date refused
Legal Topics
Adjournment of Hearing, Interlocutory Relief, Joinder of Parties, Authorisation of Native Title Claims
Native Title Civil Procedure Adjournment of Hearing Interlocutory Relief Joinder of Parties Authorisation of Native Title Claims

Case Brief

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Parties

Far West Coast Native Title Claim Group

Applicant

State of South Australia

First Respondent

Commonwealth of Australia

Second Respondent

Robert Miller

Interlocutory Applicant

Procedural Posture

Native Title Claim / Interlocutory Application – Application to Vacate Hearing Date of Interlocutory Application

Legal Issues

  1. 1 Whether hearing date for interlocutory application should be vacated
  2. 2 Whether Mr Miller had sufficient opportunity to present evidence
  3. 3 Whether delay would prejudice parties

Ratio Decidendi

Mr Miller had adequate opportunity to present his case in accordance with directions. There is no sufficient justification for a further adjournment, and further delay would prejudice progress towards a consent determination and risk injustice. The application to vacate the hearing date is refused.

Court Disposition

Application to vacate the hearing date refused

Orders

  • The application for vacation of the hearing date of the interlocutory application of Robert Victor Miller (listed for hearing on 17 and 18 December 2012) is refused.