Brooking v State of Western Australia

Case [2013] FCA 698

FEDERAL COURT OF AUSTRALIA

Brooking v State of Western Australia [2013] FCA 698 

Citation: Brooking v State of Western Australia [2013] FCA 698 
Parties: GEORGE BROOKING AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS
File number: WAD 94 of 2012
Judge: GILMOUR J
Date of judgment: 13 June 2013
Date of hearing: 13 June 2013
Place: Perth
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 2
Counsel for the Shire of Derby-West Kimberley: Mr P Wittkuhn
Solicitor for the Shire of Derby-West Kimberley: McLeods Barristers & Solicitors

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

WAD 94 of 2012
BETWEEN:

GEORGE BROOKING AND OTHERS
Applicant
AND:

STATE OF WESTERN AUSTRALIA AND OTHERS
Respondents

JUDGE:

GILMOUR J

DATE OF ORDER:

13 JUNE 2013

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

1.        The Shire of Derby-West Kimberley be added as a party (respondent) to the application.

2.The party list be amended by the creation of a new group of respondents entitled “Government Interests – Local Government”, and the Shire of Derby-West Kimberley be included in that group.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

WAD 94 of 2012
BETWEEN:

GEORGE BROOKING AND OTHERS
Applicant
AND:

STATE OF WESTERN AUSTRALIA AND OTHERS
Respondents

JUDGE:

GILMOUR J

DATE:

13 JUNE 2013

PLACE:

PERTH

REASONS FOR JUDGMENT

  1. This is an interlocutory application to join parties to the main application after the relevant period contained in an application dated 22 May 2013.  It is supported by an affidavit of Noel Alexander Myers affirmed on 16 May 2013.  The orders sought are set out on pg 3 of the interlocutory application.  The application has been served on all of the parties.  The Court has been provided with written consents to the orders sought, other than in respect of four of the respondents who, I am advised by counsel appearing before me today for the applicant on the interlocutory application, are within the mining sphere, but they too have been served. 

  2. Having considered the content of the affidavit of Mr Myers who is the Shire Planner of the Shire of Derby-West Kimberley, I am satisfied that there is a proper basis for the orders which are sought in the interlocutory application, and I will so order so that:

    1.The Shire of Derby-West Kimberley be added as a party (respondent) to the application.

    2.The party list be amended by the creation of a new group of respondents entitled “Government Interests – Local Government”, and the Shire of Derby-West Kimberley be included in that group.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.

Associate:

Dated:       19 July 2013

Details
AGLC
Brooking v State of Western Australia [2013] FCA 698
Case
[2013] FCA 698
Decision Date

CaseChat Overview and Summary

The case of Brooking v State of Western Australia came before the Federal Court, where the plaintiff, Brooking, sought to add the Shire of Derby-West Kimberley as a party to the proceedings. Brooking's application aimed to amend the party list to include a new group called "Government Interests – Local Government," with the Shire of Derby-West Kimberley as part of this group. This application arose from a dispute concerning land rights and the recognition of traditional ownership and use of land.

The legal issues before the court involved the interpretation and application of the Federal Court Rules 2011, specifically Rule 39.32, which governs the entry of orders in relation to parties. The court had to determine whether the application to add a new party and create a new group of respondents was permissible under the rules and whether it was in the interests of justice to do so. Additionally, the court had to consider whether the proposed amendments would adequately address the issues at hand without causing undue delay or prejudice to the other parties.

In its reasoning, the court noted that Rule 39.32 allows for the amendment of the party list to ensure that all relevant parties are included in the proceedings. The court found that adding the Shire of Derby-West Kimberley as a party and creating a new group of respondents was a reasonable step to ensure that all interested parties were represented. The court emphasised that the amendment would not prejudice the other parties or unduly delay the proceedings, thus upholding the interests of justice. Consequently, the court granted the application to amend the party list as requested.

The final orders of the court were to add the Shire of Derby-West Kimberley as a party and to amend the party list by creating a new group called "Government Interests – Local Government," with the Shire of Derby-West Kimberley included in that group. This decision ensures that all relevant parties are properly represented in the proceedings, facilitating a comprehensive resolution of the issues at hand.

Orders

Orders of the court

1. The Shire of Derby-West Kimberley be added as a party (respondent) to the application.

2. The party list be amended by the creation of a new group of respondents entitled “Government Interests – Local Government”, and the Shire of Derby-West Kimberley be included in that group.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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