Gilmour J
This case concerned an application to amend the applicant to the Nyikina and Mangala peoples’ native title determination application under s 66B of the Native Title Act 1993 (Cth).
Background
The applicant was originally comprised of 18 individuals. Subsequently, 7 of those individuals passed away and an eighth no longer wished to act as applicant. A meeting was held in November 2011, at which resolutions were passed stating that the previously named applicants were no longer authorised to conduct the claim, and appointing 10 individuals to constitute the new applicant. The authorisation was for those 10 individuals, ‘or such of them are as eligible to act as applicant and who are and remain willing and able to do so’. Each of the 10 were present at the meeting, and filed affidavits affirming that they were members of the claim group.
Decision
Gilmour J was satisfied on the basis of affidavits from two officers at the Kimberley Land Council, as well as each of the 10 replacement applicants, that the meeting was appropriately advertised and conducted. The named applicants attested that there was no relevant traditional decision-making process, and that a decision-making process was agreed and adopted by the passage of resolutions at the meeting.
Accordingly Gilmour J made orders to replace the applicant as requested. His Honour considered that nothing would be served by requiring an amended claimant application to be filed, and so waived that requirement.