North J
In this matter, North J considered an application by native title claimants to withdraw their native title claim, which was first lodged in 1996.
Native Title Services Victoria, the lawyers for the Robinvale Aboriginal Community claimants, told the Court that it had written to all of the respondent parties to inform them that they intended to withdraw the native title claim, and had said that if they did not receive a response they would take that as consent to the withdrawal.
The Court noted that:
the respondents who have taken an active part in the application agreed to the orders sought by the applicant.
a majority of the party groups have consented to the orders being made.
the remaining respondents have been notified by letter individually or to the group representative.
On this basis the Court concluded that there is a proper basis on the evidence for the orders sought and agreed to grant the application.
Orders
Leave is granted to the applicant to withdraw the application.