Roberts v Northern Territory of Australia [2011] FCA 242

Roberts v Northern Territory of Australia [2011] FCA 242

Leave to amend was granted and the deceased named applicant was removed because the application was unopposed, the respondents had been notified, the remaining applicants supported the removal, and the amendments did not change the claim area, re-include any previously removed area, or combine applications; accordingly, the notification obligations in s 66A(1), (1A) and (2) of the Native Title Act 1993 (Cth) were not attracted.

Jurisdiction
Australia
Judgment Date
18 March 2011
Procedural Posture
Native Title Application / Unopposed Motion for Leave to Amend the Application and Remove a Deceased Named Applicant
Outcome
Application granted; leave to amend granted and deceased named applicant removed.
Legal Topics
['amendment of Native Title Application' 'notification Obligations of Native Title Registrar' 'removal of Deceased Applicant' 'claim Group Description' 'native Title Claim Registration']
['native Title' 'civil Procedure'] ['amendment of Native Title Application' 'notification Obligations of Native Title Registrar' 'removal of Deceased Applicant' 'claim Group Description' 'native Title Claim Registration']

Case Brief

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Procedural Posture

Native Title Application / Unopposed Motion for Leave to Amend the Application and Remove a Deceased Named Applicant

Legal Issues

  1. 1 ['Whether leave should be granted to amend the native title application in the terms of the Further Amended Application.' 'Whether the name of a deceased person should be removed from the persons constituting the applicant.' 'Whether the amendments attracted notification obligations under s 66A(1), (1A) or (2) of the Native Title Act 1993 (Cth).']

Ratio Decidendi

Leave to amend was granted and the deceased named applicant was removed because the application was unopposed, the respondents had been notified, the remaining applicants supported the removal, and the amendments did not change the claim area, re-include any previously removed area, or combine applications; accordingly, the notification obligations in s 66A(1), (1A) and (2) of the Native Title Act 1993 (Cth) were not attracted.

Court Disposition

Application granted; leave to amend granted and deceased named applicant removed.

Orders

  • ['Leave be granted to the applicant to amend the application in terms of the document entitled "Further Amended Application" annexed to the affidavit of Tamara Simone Cole affirmed 13 January 2011.' 'The name of Talbot Hood, now deceased, be removed from the names of persons constituting the applicant.' 'The said...