Far West Coast Native Title Claim Group v State of South Australia (No 4)

The Federal Court of Australia heard an interlocutory application from Robert Victor Miller, a member of the Far West Coast Native Title Claim Group, against the State of South Australia in relation to a native title claim. Miller sought leave to amend the application to include orders regarding the establishment of a separate Mirning Aboriginal Corporation and the inclusion of certain descendants within the Mirning people. The application was opposed by the applicant on the principal application, the Far West Coast Native Title Claim Group. The court refused to grant leave to amend the interlocutory application as sought, citing concerns about making a determination on an ultimate issue of fact on an interlocutory application and the lack of consent from the applicant or other relevant parties.

The court further stood over the interlocutory application of Robert Miller and Michael Laing, another Mirning individual, to a later date in January 2013. The court provided liberty to apply for further amendments to the interlocutory application, provided that seven days' notice in writing was given of any proposed amendment and that both Miller and Laing had filed any further evidence they intended to rely upon in support of their orders. The court indicated that it was not prepared to respond to speculative concerns raised by some Mirning individuals, but noted that they may have an appropriate time to raise their concerns if a proposed consent determination did not accommodate them.

The court provided no specific orders on the interlocutory application other than refusing leave to amend it in the terms sought. The interlocutory application was stood over to the same date as the Laing notice of motion, which was also stood over for further directions. The court noted that if Miller wished to reapply to add the proposed paragraph 6.3 or make further amendments to the interlocutory application, he could do so, provided he gave seven days' notice of his proposed amendments.