Barker J
This matter concerned an application to replace the current applicant under s 66B of the Native Title Act 1993 (Cth) (NTA). The replacement applicant (Yankui Frank, Max Ejai, Janella Isaac, Jodi Humphries and Valarie Wiggan) sought to replace the current applicant (Yankui Frank, Mr Ejai (deceased), Janella Isaac, Jodi Humphries and Valarie Wiggan) as Mr Ejai is now deceased. The respondents did not oppose the application. The Commonwealth of Australia, the Shire of Derby/West Kimberley, Clipper Holdings Pty Ltd T/A Clipper Pearls and Maxima Pearling Co Pty Ltd consented to the proposed orders. The State of Western Australia indicated it neither consented nor opposed the proposed orders and no response was received from the other respondents.
Barker J exercised the Court’s discretion to replace an applicant under s 66B(2). His Honour ordered that the current applicant be replaced as the replacement applicant comprised of members of the claim group, the relevant member had deceased, the replacement applicant is authorised by the claim group in accordance with s 251B of the NTA, and there was no reason why the orders should not be made.