White J
In this matter the Court made orders that 2 people replace the current applicant in the Lorella Downs native title claim under s 66B of the Native Title Act 1993 (Cth) (NTA).
The underlying application for the determination of native title was filed by Mr Gordon Lansen on behalf of the Mara, Alawa, Yanyuwa and Gurdanji People on 5 December 2000. The original applicant is now deceased.
All of the respondents other than Landmark Developments Pty Ltd (Landmark) consented to the proposed orders and the director who can give the appropriate consent was overseas and, it seems, cannot give attention to the matter until some time later.
The Court was satisfied that the current applicant was deceased and the replacement applicants are authorised by the claim group to make the application and deal with matters arising in relation to it.
The Court also took into account that Landmark has had an adequate opportunity to express an attitude to the application and that, on the face of the material before the Court, it did not seem to have any significant interest in opposing the application.
On this basis, the Court considered it appropriate to exercise the discretion vested by s 66B(2) NTA to make the orders sought by the replacement applicants.
Orders
The Court ordered that Mr Harvey and Mr Friday replace the original applicant in the proceedings and the heading of the claim and application be amended to reflect the names of the replacement applicants.