McKenzie v State of Western Australia

In the Federal Court of Australia, the applicants, McKenzie and others, sought to discontinue their native title claim against the State of Western Australia. The applicants initially proposed separate regional native title claims but later explored the possibility of a single regional claim. The court was tasked with determining whether the applicants could discontinue the proceeding and whether the case should be referred to case management for appropriate programming orders.

The primary legal issue before the court was whether the applicants were entitled to discontinue their native title claims. Additionally, the court needed to decide whether the matter should be referred to case management to settle a final program for a hearing focused on connection issues, given the potential implications of a single regional claim.

The court granted the applicants leave to discontinue the proceeding without any order as to costs. It was noted that the matter was complex and required careful consideration of the implications of a single regional claim. The court also referred the matter to case management for a final program to be settled, with a hearing scheduled for July 2015 to address connection issues only.

No specific orders regarding costs were made in relation to the interlocutory application for leave to discontinue, and the applicants were permitted to file a notice of discontinuance in the form of the draft notice annexed to the affidavit of James Konrad Walkley. This decision reflects the court's recognition of the complexity of native title claims and the need for careful management of proceedings to ensure that the interests of all parties are adequately addressed.