Sambo v Western Australia

The parties to this proceeding for a native title determination in the Central West Goldfields region of Western Australia are seven individuals who are collectively seeking to have two other individuals, Ms Wyatt and Mr Cooper, removed as parties to the application. The dispute arises from a breakdown in relations between the first five applicants and Ms Wyatt and Mr Cooper. The latter have ceased attending meetings, opposed the appointment of a trustee under a land use agreement, and failed to cooperate with the rest of the group in progressing the claim. The first five applicants have applied to the Supreme Court of Western Australia to appoint a trustee, and Ms Wyatt and Mr Cooper have sought separate representation in that proceeding. The first five applicants have now applied to the Federal Court for orders to remove Ms Wyatt and Mr Cooper as applicants.

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.