Gilmour J
In this case the Court granted the applicant leave to amend the Djabera Djabera native title application to reduce the claim area covered by the original application. The purpose of the amendment was to allow a neighbouring native title claim group, the Nyul Nyul people, to lodge an application for determination of native title over land and water which would otherwise remain within the Djabera Djabera claim area.
Applicable Law
Relying on Walker v State of Queensland [2004] FCA 640, the applicant submitted that the application could be amended to reduce the claim area without leave of the court under s 64 of the Native Title Act 1993 (Cth). The solicitor for the applicant, the Kimberly Land Council (KLC), advised that each of the respondents to the proceedings had been notified of the interlocutory application. The State of Western Australia informed the KLC that they did not oppose the proposed amendment and no other respondent indicated an intention to take an active role in the determination of the interlocutory application.
Decision
Gilmour J accepted that the application be amended, but found that it was appropriate for a grant of leave to be made to effect the amendment. The Court made orders allowing the application to be amended.