Lander v State of South Australia

In the case of Lander v State of South Australia, the Federal Court of Australia was tasked with determining whether certain respondents, Raelene Warren and Gregory Warren, should be removed as parties in a native title proceeding. The Warrens were members of the native title claim group, but the applicant, Lander, sought their removal on the basis that their interests were already represented by him and separate representation was unnecessary. The court was required to decide whether the Warrens had become parties to the proceeding by the operation of section 84(3) of the Native Title Act 1993 (Cth), and whether it was appropriate for them to remain as parties regardless.

The court examined the purpose of section 62A of the Native Title Act, which allows the applicant to handle all matters arising under the Act in relation to the application. It found that Ms Warren's purpose appeared contrary to the position contemplated by this section. After considering the matters on which the Warrens relied, the court was satisfied that it was not appropriate for them to remain as parties to the Dieri No. 3 Claim. The court exercised its power under section 84(8) of the Act and ordered that Raelene Warren and Gregory Warren cease to be parties to the proceeding, with the title of the proceeding to no longer record them as respondents.

The final orders made by the court were that Raelene Warren and Gregory Warren would cease to be respondents in the proceeding, and the title of the proceeding would no longer list them as the fourth and fifth respondents respectively. This decision was made in accordance with Rule 39.32 of the Federal Court Rules 2011, which governs the entry of orders in such cases.