Drury v State of Western Australia [2000] FCA 132

Drury v State of Western Australia [2000] FCA 132

There is no requirement under the Native Title Act 1993 (Cth) for applicants to swear fresh verifying affidavits every time a native title determination application is amended unless the amendment involves the replacement of applicants; the Court may direct supporting affidavits at its discretion.

Jurisdiction
Australia
Judgment Date
18 February 2000
Procedural Posture
Native Title Determination Application / Motion to Amend Application
Outcome
Amendment allowed; no requirement for fresh applicant affidavits; ancillary orders made.
Legal Topics
['amendment of Applications' 'verifying Affidavits' 'claimant Application']
['native Title' 'practice and Procedure'] ['amendment of Applications' 'verifying Affidavits' 'claimant Application']

Case Brief

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Procedural Posture

Native Title Determination Application / Motion to Amend Application

Legal Issues

  1. 1 ['Whether, upon amendment of a native title determination application, fresh verifying affidavits must be sworn by all the applicants under s 62 of the Native Title Act 1993 (Cth).']

Ratio Decidendi

There is no requirement under the Native Title Act 1993 (Cth) for applicants to swear fresh verifying affidavits every time a native title determination application is amended unless the amendment involves the replacement of applicants; the Court may direct supporting affidavits at its discretion.

Court Disposition

Amendment allowed; no requirement for fresh applicant affidavits; ancillary orders made.

Orders

  • ['The application be re-amended in the form of the minute of proposed amended native title determination claimant application filed on 7 February 2000 and that document will stand as the reamended application.' 'Service of the motion and supporting documents on any person other than the State of Western Australia be...