Lansen v Northern Territory of Australia [2016] FCA 567

Lansen v Northern Territory of Australia [2016] FCA 567

The Court is satisfied on the evidence that the original applicant is deceased and the Replacement Applicants have been properly authorised by the claim group. It is therefore appropriate to exercise the discretion under s 66B to replace the applicant.

Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Native Title Application / Interlocutory Application to Replace Applicant Under S 66 B
Outcome
Application granted: Replacement Applicants to replace original applicant; heading of the claimant application to be amended accordingly.
Legal Topics
['replacement of Applicant' 'interlocutory Applications' 'claim Group Authorisation']
['native Title'] ['replacement of Applicant' 'interlocutory Applications' 'claim Group Authorisation']

Case Brief

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Procedural Posture

Native Title Application / Interlocutory Application to Replace Applicant Under S 66 B

Legal Issues

  1. 1 ['Whether the Court should order replacement of the deceased original applicant pursuant to s 66B of the Native Title Act 1993 (Cth)' 'Whether the replacement applicants were properly authorised by the claim group']

Ratio Decidendi

The Court is satisfied on the evidence that the original applicant is deceased and the Replacement Applicants have been properly authorised by the claim group. It is therefore appropriate to exercise the discretion under s 66B to replace the applicant.

Court Disposition

Application granted: Replacement Applicants to replace original applicant; heading of the claimant application to be amended accordingly.

Orders

  • ['Pursuant to s 66B of the Native Title Act 1993 (Cth), Asman Rory, Christopher Pluto and Tom Hume replace the current Applicant in the proceedings.' 'The heading of the claimant application be amended to reflect the names of the Replacement Applicants.']