Hamlett on behalf of the Wajarri Yamatji People v State of Western Australia (No 3)

In the matter of Hamlett on behalf of the Wajarri Yamatji People v State of Western Australia (No 3), the applicants sought to amend native title determination orders that had been entered under r 39.35 of the Federal Court Rules 2011 (Cth). The applicants, representing the Wajarri Yamatji people, sought to correct errors in the descriptions of native title holders and to add additional apical ancestors to the lists in the determinations. The applicants argued that the amendments were necessary to accurately reflect the traditional laws and customs of the Wajarri Yamatji people. The legal issues before the court included whether the court had the power to amend the entered orders under r 39.05 of the 2011 FCRs and whether the amendments would detrimentally affect the rights and interests of third parties. The court considered the principles established in Nyoni v Pharmacy Board of Australia and other relevant authorities, finding that the power to vary or set aside an order after entry must be exercised with caution, particularly when third parties’ interests may be affected. The court ultimately concluded that the amendments were necessary to correct errors and accurately reflect the traditional laws and customs of the Wajarri Yamatji people, and that the amendments did not detrimentally affect the rights or interests of third parties. Accordingly, the court made the amendments as sought by the applicants.