Barker J
In this matter the Court considered an application to replace the current applicant under s 66B of the Native Title Act 1993 (Cth), whether the replacement applicant comprised members of the claim group and was authorised by the claim group.
The replacement applicant sought to replace the current applicant on the basis that the last three named applicants are deceased.
Consideration
The Court was satisfied that the relevant circumstances under s 66B(1)(a) were met:
the last three named applicants are deceased;
the replacement applicant is authorised by the claim group to make the claimant application and deal with matters arising in relation to it; and
There is no reason why the orders sought should not be made.
Orders
The Court ordered that the new applicant, namely Doris Eaton, Alice Mitchell and Doris Monaghan, replace the current applicant, the heading of the claimant application be amended to reflect the names of the replacement applicant and service of the application and supporting documents on any respondent other than the State of Western Australia is dispensed with.