Coyne v State of Western Australia [2010] FCA 1052

Coyne v State of Western Australia [2010] FCA 1052

Further authorisation of the remaining applicants is unnecessary following the death of a named applicant, where the original resolution permits eligible and willing persons to act; therefore orders for replacement are appropriate.

Parties
First Applicant: Dallas Coyne and others; Second Applicant: Hazel Brown and others; Respondent: State of Western Australia and others
Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Application Under S 66 B(1) of the Native Title Act 1993 (cth) / Replacement of Applicant
Outcome
orders for replacement of applicants made
Legal Topics
Replacement of Applicant, Authorisation Resolutions, Effect of Death of Applicant
Native Title Replacement of Applicant Authorisation Resolutions Effect of Death of Applicant

Case Brief

Summary, issues, holding and outcome

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Parties

Dallas Coyne and others

First Applicant

Hazel Brown and others

Second Applicant

State of Western Australia and others

Respondent

Procedural Posture

Application Under S 66 B(1) of the Native Title Act 1993 (cth) / Replacement of Applicant

Legal Issues

  1. 1 Whether a replacement applicant should be appointed following the death of one of the current applicants
  2. 2 Effect of authorisation resolutions on replacement or continued applicants

Ratio Decidendi

Further authorisation of the remaining applicants is unnecessary following the death of a named applicant, where the original resolution permits eligible and willing persons to act; therefore orders for replacement are appropriate.

Court Disposition

orders for replacement of applicants made

Orders

  • Dallas Coyne, Glen Colbung, Aden Eades, Jerry Narkle and Justin Miniter do jointly replace the current first applicant.
  • Hazel Brown, Glen Colbung and Mingli Wunjurri Nungala do jointly replace the current second applicant.