Warrabinga-Wiradjuri #7 v Attorney General of New South Wales [2018] FCA 1348

Warrabinga-Wiradjuri #7 v Attorney General of New South Wales [2018] FCA 1348

The Court found that the statutory right to amend had been properly invoked under s 64(1A) of the Native Title Act 1993 (Cth), that sufficient notice was provided to relevant parties, and that removal of the specified respondents was consequent upon the excision of the area in which they claimed interests. Objections raised by other respondents did not provide a sufficient basis for refusing the relief sought.

Jurisdiction
Australia
Judgment Date
30 August 2018
Procedural Posture
Native Title Application / Interlocutory Application for Leave to Amend Originating Application and Removal of Parties
Outcome
Leave granted to amend originating application and remove certain parties. No order as to costs.
Legal Topics
['amendment of Native Title Application' 'removal of Parties' 'leave to Amend' 'procedure Under Native Title Act']
['native Title'] ['amendment of Native Title Application' 'removal of Parties' 'leave to Amend' 'procedure Under Native Title Act']

Case Brief

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Procedural Posture

Native Title Application / Interlocutory Application for Leave to Amend Originating Application and Removal of Parties

Legal Issues

  1. 1 ['Whether leave should be granted to file an amended native title determination application reducing the claimed area' 'Whether it is appropriate to remove three parties as respondents as a consequence of the amendment' 'Whether further authorisation is required for the amendment' 'Whether costs should be ordered in respect of the interlocutory application']

Ratio Decidendi

The Court found that the statutory right to amend had been properly invoked under s 64(1A) of the Native Title Act 1993 (Cth), that sufficient notice was provided to relevant parties, and that removal of the specified respondents was consequent upon the excision of the area in which they claimed interests. Objections raised by other respondents did not provide a sufficient basis for refusing the relief sought.

Court Disposition

Leave granted to amend originating application and remove certain parties. No order as to costs.

Orders

  • ['The applicant has leave to file an amended native title determination application under s 61(1) of the Native Title Act 1993 (Cth), with specified corrections.' 'The Gundungurra Tribal Council Aboriginal Corporation, the Gundungurra Aboriginal Heritage Association Inc and The Gully Traditional Owners Inc be...