White J
In this matter the Court considered an application to replace the original applicant in a native title claim lodged on behalf of the Alawa People under s 66B of the Native Title Act 1993 (Cth).
The respondents were the Northern Territory of Australia, Mount Isa Mines Ltd and Maximus No. 82 Pty Ltd (third respondent) and others.
The Court noted that all respondents except the third respondent, the holder of a pastoral lease, had consented to the order.
The Northern Lands Council had provided the third respondent with a copy of the interlocutory application and the respondent sought further information about the replacement applicant but did not respond to further correspondence. The Court directed that any parties wishing to make oral submissions in the matter should notify the Court accordingly and if no party wished to be heard orally the matter would be determined on the papers.
The Northern Land Council then attempted to provide the respondent with further hearing dates via email and hard copy. Justice White noted that in each case, delivery failed. The Court inferred that the third respondent had changed their address without informing the Court of its new address and the Court then decided the matter on the papers.
White J determined that the replacement applicants were authorised by members of the claim group and the decision making process at the Authorisation Meeting followed the Alawa People's traditional decision making process.
Orders
The Court ordered that the new applicant, namely Asman Rory, Christopher Pluto, and Tom Hume replace the original applicant who is now deceased.