Barker J
In this matter the Court made orders on its own motion removing Mr Richard Guy Evans as a party to the proceedings under s 84(8) of the Native Title Act 1993 (Cth) (NTA).
Background
At a case management conference in December 2015, the Court raised with counsel for Mr Evans – who was then a respondent – the question of whether Mr Evans ought to be removed as a party to the proceedings and indicated that the Court would seek a report as to whether such an order should be made.
The Court subsequently ordered Mr Evans to file submissions outlining his interest in the proceedings. Mr Evans failed to provide submissions on two occasions and a hearing was set to determine his removal.
The State of Western Australia was the only party to file submissions, which recognised that there was no reason why Mr Evans should not cease to remain a party.
Consideration
The Court noted that the orders to remove Mr Evans as a party to the proceedings rely on s 84(8) of the NTA, which provides that the Court “may at any time order that a person, other than an applicant, cease to be a party to the proceedings”.
Section 84(9) of the NTA requires the Court to consider the making of such an order if satisfied that a person who is a party to the proceedings “never had, or no longer has, interests that may be affected by a determination in the proceedings” but the Court may exercise its discretion to dismiss a respondent party even if the circumstances set out in subs (9) do not exist.
As Mr Evans did not indicate his interest in the proceedings and there was no evidence before the Court that Mr Evans had an interest that may be affected by a determination in the proceedings or that the interests of justice would otherwise be served by Mr Evans remaining as a respondent the Court ordered that Mr Evans be removed as a party to the proceedings.
Orders
Mr Richard Evans cease to be a respondent in this matter and there be no order as to costs.