MT (deceased) v State of Western Australia [2013] FCA 1302

MT (deceased) v State of Western Australia [2013] FCA 1302

The Kimberley Land Council Aboriginal Corporation should be joined as a respondent in its capacity as native title representative body due to their interests as defined by the Native Title Act and relevant precedents; the previous restriction on use of the Bagshaw anthropological report should be varied to allow its use in strike out or dismissal applications but with confidentiality for sensitive information; the application to strike out the proceeding fails as the applicant met the authorisation requirements in force at the relevant times, and the claim group is sufficiently identified for the current purpose.

Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Native Title Determination Application / Interlocutory Application – Joinder, Variation of Orders, and Application to Strike Out/dismiss
Outcome
Joinder and variation of order granted; strike out application dismissed; no order as to costs; matter referred for further case management.
Legal Topics
['joinder of Parties' 'authorisation of Native Title Claims' 'use of Expert Anthropological Reports' 'strike Out Application' 'native Title Act Compliance']
['native Title' 'civil Procedure'] ['joinder of Parties' 'authorisation of Native Title Claims' 'use of Expert Anthropological Reports' 'strike Out Application' 'native Title Act Compliance']

Case Brief

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Procedural Posture

Native Title Determination Application / Interlocutory Application – Joinder, Variation of Orders, and Application to Strike Out/dismiss

Legal Issues

  1. 1 ['Whether the Kimberley Land Council Aboriginal Corporation should be joined as a respondent in its capacity as native title representative body' 'Whether the Court should vary an earlier order restricting use of an anthropological report' 'Whether the proceeding should be struck out for failure to comply with authorisation requirements under the Native Title Act']

Ratio Decidendi

The Kimberley Land Council Aboriginal Corporation should be joined as a respondent in its capacity as native title representative body due to their interests as defined by the Native Title Act and relevant precedents; the previous restriction on use of the Bagshaw anthropological report should be varied to allow its use in strike out or dismissal applications but with confidentiality for sensitive information; the application to strike out the proceeding fails as the applicant met the authorisation requirements in force at the relevant times, and the claim group is sufficiently identified for the current purpose.

Court Disposition

Joinder and variation of order granted; strike out application dismissed; no order as to costs; matter referred for further case management.

Orders

  • ['The Kimberley Land Council Aboriginal Corporation is joined as a respondent to act in the capacity of native title representative body.' "Order 6 of the orders made by Wilcox J on 22 November 2002 is varied to allow Mr Geoffrey Bagshaw's anthropologist's report to be available to parties, except Appendix 5 which...