Coyne v State of Western Australia

[2010] FCA 1052

FEDERAL COURT OF AUSTRALIA

Coyne v State of Western Australia [2010] FCA 1052

Citation:		Coyne v State of Western Australia [2010] FCA 1052
Parties:		DALLAS COYNE AND OTHERS and HAZEL BROWN AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS
File numbers:		WAD 6134 of 1998 WAD 6286 of 1998
Judge:		SIOPIS J
Date of judgment:		25 June 2010
Date of hearing:	25 June 2010
Place:	Perth
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	6
Counsel for the Applicant Movers:	Mr S Blackshield
Solicitor for the Applicant Movers:	Ms Maryse Aranda, Principal Legal Officer of South West Aboriginal Land & Sea Council

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 6134 of 1998 and WAD 6286 of 1998

BETWEEN:

DALLAS COYNE AND OTHERS
First Applicant

HAZEL BROWN AND OTHERS
Second Applicant

AND:

STATE OF WESTERN AUSTRALIA AND OTHERS
Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	25 JUNE 2010
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.Dallas Coyne, Glen Colbung, Aden Eades, Jerry Narkle and Justin Miniter do jointly replace the current first applicant.

2.Hazel Brown, Glen Colbung and Mingli Wunjurri Nungala do jointly replace the current second applicant.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 6134 of 1998 and WAD 6286 of 1998

BETWEEN:

DALLAS COYNE AND OTHERS
First Applicant

HAZEL BROWN AND OTHERS
Second Applicant

AND:

STATE OF WESTERN AUSTRALIA AND OTHERS
Respondent

JUDGE:	SIOPIS J
DATE:	25 JUNE 2010
PLACE:	PERTH

REASONS FOR JUDGMENT

1. There are two applicants in this proceeding. This application is brought under s 66B(1) of the Native Title Act 1993 (Cth) for the replacement of a group of persons comprising each of the current applicants by another group of persons who jointly comprise the replacement applicant.

2. The need for the making of this application has been brought about by the death of one of the named persons comprising each of the current first applicant and the current second applicant.

3. Mr Blackshield drew my attention to the case of Coyne v State of Western Australia [2009] FCA 533 (Coyne) in which I considered the effect of the authorisation resolutions passed at the claim group authorisation meeting held in Albany on 1 December 2007.  Relevantly, the terms of the motion authorised certain named persons to act as the applicant “or such of them as are eligible to act as an applicant and who remain willing and able to act in respect of the application in the future”.

4. In Coyne, I found that where the original authorisation resolution was in the terms set out above, if one or more of the named persons comprising the applicant subsequently died, it was unnecessary for there to be a further authorisation of the remaining group of persons to act jointly as the applicant.

5. In those circumstances, I am satisfied on the affidavit evidence of Ms Joanne Mobbs, which was affirmed on 21 June 2010, that one of the named persons comprising each of the current applicants authorised at the 1 December 2007 meeting, is now deceased.

6. I will, therefore, make orders in terms of the short minute of orders which is before me.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Siopis.

Associate:

Dated:        30 September 2010