Forrest v State of Western Australia [2014] FCA 876

Forrest v State of Western Australia [2014] FCA 876

Leave was granted because the Court was satisfied that adequate notice was given, the Original Claim Group validly resolved through its traditional decision-making process to amend the claim group description, and the Reconstituted Claim Group then validly authorised the applicant in accordance with the two-step process required by the Native Title Act 1993 (Cth) and the authorities.

Jurisdiction
Australia
Judgment Date
19 August 2014
Procedural Posture
Native Title Determination Application; Interlocutory Application to Amend / Reasons for Orders Made on 23 July 2014 Granting Leave to File an Amended Application
Outcome
Leave to file an amended application granted.
Legal Topics
['amendment of Native Title Determination Application' 'composition of Native Title Claim Group' 'authorisation Under S 251 B of the Native Title Act 1993 (cth)' 'adequacy of Notice' 'two Step Process for Reconstituting a Claim Group']
['native Title' 'civil Procedure'] ['amendment of Native Title Determination Application' 'composition of Native Title Claim Group' 'authorisation Under S 251 B of the Native Title Act 1993 (cth)' 'adequacy of Notice' 'two Step Process for Reconstituting a Claim Group']

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Procedural Posture

Native Title Determination Application; Interlocutory Application to Amend / Reasons for Orders Made on 23 July 2014 Granting Leave to File an Amended Application

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to file an amended Native Title Determination Application changing the claim group description in Schedule A to Form 1.' 'Whether the existing native title claim group validly resolved to alter its composition and whether the reconstituted claim group validly authorised the applicant in accordance with s 251B of the Native Title Act 1993 (Cth).' 'Whether the notice given for the authorisation meetings was adequate.']

Ratio Decidendi

Leave was granted because the Court was satisfied that adequate notice was given, the Original Claim Group validly resolved through its traditional decision-making process to amend the claim group description, and the Reconstituted Claim Group then validly authorised the applicant in accordance with the two-step process required by the Native Title Act 1993 (Cth) and the authorities.

Court Disposition

Leave to file an amended application granted.

Orders

  • ['The applicant has leave to file an amended application in the form of the document which is annexure "JLC-4" to the affidavit of Jacki Lynn Cole sworn 24 June 2014, together with all supporting attachments and also the affidavits sworn or affirmed by each member of the applicant which meet the requirements of s...