Wilson v State of South Australia [2017] FCA 219

Wilson v State of South Australia [2017] FCA 219

A decision to replace applicants under s 66B of the Native Title Act 1993 (Cth) does not amount to joining or removing a party under s 24(1AA)(b)(i) of the Federal Court of Australia Act 1976 (Cth), and Mr Wilson failed to establish standing to commence the proposed appeal as agent for Ms Wilson; therefore, the applications must be dismissed.

Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal and Extension of Time Following Judgment Replacing Applicants in Native Title Proceedings
Outcome
Application dismissed
Legal Topics
['appeals' 'standing' 'joinder and Removal of Parties' 'representative Proceedings' 'substitution of Applicants']
['native Title' 'practice and Procedure'] ['appeals' 'standing' 'joinder and Removal of Parties' 'representative Proceedings' 'substitution of Applicants']

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal and Extension of Time Following Judgment Replacing Applicants in Native Title Proceedings

Legal Issues

  1. 1 ['Whether a decision made under s 66B of the Native Title Act 1993 (Cth) is a decision to join or remove a party for the purposes of s 24(1AA)(b)(i) of the Federal Court of Australia Act 1976 (Cth)' 'Whether the applicant (Mr Paul K Wilson, as agent for Neva Wilson) has standing to commence the proposed appeal']

Ratio Decidendi

A decision to replace applicants under s 66B of the Native Title Act 1993 (Cth) does not amount to joining or removing a party under s 24(1AA)(b)(i) of the Federal Court of Australia Act 1976 (Cth), and Mr Wilson failed to establish standing to commence the proposed appeal as agent for Ms Wilson; therefore, the applications must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']