Lovett on behalf of the Gunditjmara People v State of Victoria (No 3)

The Gunditjmara People, represented by Lovett, brought a proceeding against the State of Victoria, seeking a determination of their native title rights. The dispute centred on the applicants' request to amend the description of the native title claim group within their application, which necessitated a consideration of whether the authorisation process outlined in the Native Title Act 1993 (Cth) was required for such an amendment. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the applicants needed to follow the authorisation process stipulated by the Native Title Act to amend the description of the native title claim group. The applicants argued that the amendment did not require authorisation as it did not materially alter the scope of the claim. The State of Victoria contended that the amendment was substantive and thus necessitated the authorisation process. The court had to determine whether the amendment was minor and procedural or significant and substantive, and whether it warranted authorisation under the Act.

In delivering the judgment, the court considered the nature of the amendment and its impact on the scope of the claim. The court noted that the amendment in question was largely descriptive and did not alter the underlying rights or the areas claimed. The court held that the amendment did not materially change the scope of the native title claim and thus did not require authorisation under the Act. Consequently, the court granted the applicants leave to amend the application as requested, specifying that the amended application would stand as the current application for the relevant areas.

The final orders of the court included granting the applicants leave to amend their application to reflect the description attached as "Amended Application." The amended application was to be considered the current application in relation to the specified areas, while no changes were made to the application concerning other areas. Additionally, any further filings and services of the amended application were dispensed with, streamlining the procedural aspects of the proceeding.