FEDERAL COURT OF AUSTRALIA
Sambo v State of Western Australia [2008] FCA 1575
NATIVE TITLE – members of applicant in a native title determination claim did not cooperate with other members of the applicant ‑ whether a member of an applicant can be removed as a party by reference to O 6 r 9 of the Federal Court Rules
Native Title Act 1993 (Cth) ss 64(5), 66B, 66B(1)(a), 66B(1)(b), 251B
Native Title Amendment (Technical Amendments) Act 2007 (Cth)
Federal Court Rules O 6 r 9, O 80
Native Title Amendment (Technical Amendments) Bill 2007 (Cth),
Explanatory MemorandumChapman v Queensland (2007) 159 FCR 507
Butchulla People v Queensland (2006) 154 FCR 233
Doolan v Native Title Registrar (2007) 158 FCR 56
Daniel v State of Western Australia (2002) 194 ALR 278DENNIS SAMBO AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS
WAD 65 OF 1998
SIOPIS J
22 OCTOBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 65 OF 1998
BETWEEN:
DENNIS SAMBO AND OTHERS
ApplicantAND:
STATE OF WESTERN AUSTRALIA AND OTHERS
Respondent
JUDGE:
SIOPIS J
DATE OF ORDER:
22 OCTOBER 2008
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.The notice of motion dated 5 November 2007 is dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 65 OF 1998
BETWEEN:
DENNIS SAMBO AND OTHERS
ApplicantAND:
STATE OF WESTERN AUSTRALIA AND OTHERS
Respondent
JUDGE:
SIOPIS J
DATE:
22 OCTOBER 2008
PLACE:
PERTH
REASONS FOR JUDGMENT
The applicant in this proceeding for a native title determination in the Central West Goldfields region of Western Australia is comprised of seven persons. They are Dennis Sambo, Elizabeth Sambo, Carlene Sceghi, Linda Champion, Nancy Wilson, Sue Wyatt and Victor Cooper. There is a schism between the first five named persons, and Ms Wyatt and her brother, Mr Cooper. The first five named persons seek by this application to have Ms Wyatt and Mr Cooper removed as “parties” to this proceeding.
BACKGROUND
Relations between the first five named persons and Ms Wyatt and Mr Cooper have broken down – this has been the case for sometime. Ms Wyatt and Mr Cooper have stopped attending meetings of the applicant group. They have opposed a proposal made by the rest of the members of the applicant group for the appointment of a trustee under a land use agreement that the applicant group entered into with Portman Iron Ore Limited on 12 July 2002. In the absence of the appointment of a trustee, Portman has refused to make any payments under the agreement and has placed the amounts due in an interest bearing account. The rest of the applicant group have applied to the Supreme Court of Western Australia for orders that the court appoint a trustee notwithstanding that Ms Wyatt and Mr Cooper refuse to consent thereto. Ms Wyatt and Mr Cooper have sought separate representation in that proceeding.…
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- AGLC
- Sambo v Western Australia [2008] FCA 1575
- Case
- [2008] FCA 1575
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether Ms Wyatt and Mr Cooper should be removed as parties to the application. The court noted that there was no provision in the Native Title Act 1993 for the removal of an applicant for native title. The court also noted that the first five applicants had not obtained the approval of a claim group meeting to authorise their removal of Ms Wyatt and Mr Cooper and to approve the applicant movers making this application for the replacement of the applicant, with a differently constituted applicant. The court further noted that convening a claim group meeting would involve considerable expense, time and other personal resources.
The court held that the notice of motion seeking orders that Ms Wyatt and Mr Cooper be removed as applicants and that the Register of Native Title Claims be amended accordingly should be dismissed. The court noted that there was no authority for the removal of an applicant for native title and that the first five applicants had not obtained the approval of a claim group meeting to authorise their removal of Ms Wyatt and Mr Cooper and to approve the applicant movers making this application for the replacement of the applicant, with a differently constituted applicant. The court further noted that convening a claim group meeting would involve considerable expense, time and other personal resources.
The court dismissed the notice of motion dated 5 November 2007. The court held that there was no authority for the removal of an applicant for native title and that the first five applicants had not obtained the approval of a claim group meeting to authorise their removal of Ms Wyatt and Mr Cooper and to approve the applicant movers making this application for the replacement of the applicant, with a differently constituted applicant. The court further noted that convening a claim group meeting would involve considerable expense, time and other personal resources.
Orders
Orders of the court
1. The notice of motion dated 5 November 2007 is dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: SIOPIS J
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