Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia

The case of Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia involved an interlocutory application filed by the Yinhawangka Gobawarrah people to vacate and re-list the trial of a separate question and associated programming orders. The dispute centred on an overlap between three native title applications in Western Australia, with the Yinhawangka Gobawarrah native title claim (WAD490/2016), the Jurruru #1 native title claim (WAD6007/2000), and the Jurruru #2 native title claim (WAD327/2012). The application was dismissed by the court.

The legal issues before the court involved determining whether it was appropriate to adjourn a hearing where a native title applicant was or may become self-represented due to a lack of available funding. The court also considered the principles relevant to whether a listed hearing should be vacated and the impact on the administration of justice of adjourning a listed hearing. Given the uncertainty of future funding and the potential impact on the administration of justice, the court found that vacation of the hearing was not warranted.

The court's reasoning was based on the fact that the applicant was not currently funded and there was no certainty that funding would be granted at a future date. The court noted that adjournment of the hearing was not appropriate in the circumstances and that the application to vacate and re-list the hearing was dismissed. The court also considered the impact on the administration of justice and the principles relevant to whether a listed hearing should be vacated.

In conclusion, the interlocutory application filed by the Yinhawangka Gobawarrah people for vacation and re-listing of the trial of the separate question and associated programming orders in this proceeding was dismissed. The court found that it was not appropriate to adjourn the hearing in the circumstances and that the application to vacate and re-list the hearing was dismissed.