Tigan on behalf of the Mayala People v State of Western Australia

[2014] FCA 251

FEDERAL COURT OF AUSTRALIA

Tigan on behalf of the Mayala People v State of Western Australia
[2014] FCA 251

Citation:	Tigan on behalf of the Mayala People v State of Western Australia [2014] FCA 251
Parties:	MITCHELL TIGAN AND OTHERS ON BEHALF OF THE MAYALA PEOPLE v STATE OF WESTERN AUSTRALIA AND OTHERS
File number:	WAD 6255 of 1998
Judge:	GILMOUR J
Date of judgment:	19 February 2014
Catchwords:	NATIVE TITLE - application pursuant to s 66B of the Native Title Act 1993 (Cth) to replace current applicant – title of action amended
Legislation:	Native Title Act 1993 (Cth) s 66B
Date of hearing:	19 February 2014
Place:	Perth
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	2
Counsel for the Applicant:	Ms J Cole
Solicitor for the Applicant:	Kimberley Land Council Aboriginal Corporation
Counsel for the State of Western Australia:	No appearance
Solicitor for the State of Western Australia:	State Solicitor's Office
Counsel for the Commonwealth:	No appearance
Solicitor for the Commonwealth:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 6255 of 1998

BETWEEN:	MITCHELL TIGAN AND OTHERS ON BEHALF OF THE MAYALA PEOPLE Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	GILMOUR J
DATE OF ORDER:	19 FEBRUARY 2014
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.Pursuant to section 66B of the Native Title Act 1993 (Cth), that Mitchell Tigan, Sandy Isaac, Valarie Wiggan, Jodi Humphries, Graham Ejai and Christopher Hubert do jointly replace the current applicant.

2.The heading of the current application be amended by removing the words “Aubrey Tigan and Others” from the title of the action and by adding the words “Mitchell Tigan and Others” to the title of the action.

3.That any requirement to file and serve an amended claimant application be waived.

4.Service of this interlocutory application on any respondent other than the State of Western Australia be dispensed with.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 6255 of 1998

BETWEEN:	MITCHELL TIGAN AND OTHERS ON BEHALF OF THE MAYALA PEOPLE Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	GILMOUR J
DATE:	19 FEBRUARY 2014
PLACE:	PERTH

REASONS FOR JUDGMENT

1. This is an application pursuant to s 66B of the Native Title Act 1993 (Cth) for certain persons to be replaced as the applicant in the matter. There are ancillary orders sought. The application is supported by the following affidavits, each of which has been affirmed:

   (a)       Alarna Maher, 22 January 2014; 

   (b)       Jodi Humphries, 27 December 2013; 

   (c)       Mitchell Tigan, 21 January 2014; 

   (d)      Sandy Isaac, 21 January 2014; 

   (e)       Christopher Hubert, 22 January 2014; 

   (f)       Valarie Wiggan, 21 January 2014; 

   (g)       Graham Ejai, 5 February 2014; 

   (h)       Dante Mavec, 7 February 2014. 

2. I have considered these affidavits together with the detailed outline of written submissions filed by the applicant, which I accept, and I am satisfied that there is a proper basis to make each of the orders which are sought in the interlocutory application, and I do so.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.

Associate:

Dated:       25 March 2014