Charlesworth J
In this matter, Charlesworth J considered whether to grant the applicant an extension of time to appeal the decision to replace deceased native title applicants in Wilson v State of South Australia (No 2) [2016] FCA 812 (Wilson (No 2)).His Honour found that Paul Wilson did not have standing to commence the proposed appeal, and was not authorised to prosecute the proposed appeal, in his capacity as his mother’s agent or otherwise.
Paul Wilson’s deceased mother, Neva Wilson, was an applicant in the original decision of Wilson (No 2). Paul Wilson filed his application for leave to appeal that judgement, which removed Ms Wilson as an applicant on the native title claim, four months after the time allowed to file an appeal. Mr Wilson claimed he was an agent for Neva Wilson.
Competency
Paul Wilson cited s 24(1)(a) of the Federal Court Act 1976 (Cth) (FCA) as conferring the right to appeal relied on. In rejecting tis argument, Charlesworth J held that s 24(1AA) of the FCA provided that an appeal must not be brought from a judgement referred to in s 24(1)(a) of the FCA if the decision is to join or remove a party. His Honour concluded that s 24(1AA)(b)(i) of the FCA did not apply to the proceedings, as the provision did not encompass a decision to substitute a party, as requested by Mr Wilson.
Standing
Paul Wilson submitted that he had standing to bring these applications by virtue of his status as his mother’s agent. Charlesworth J agreed with the reasoning of White J in Wilson (No 2) that s 84B permits only the appointment of a ‘society, organisation association or other body’ to act as agent of the party in relation to a proceeding. Furthermore, Charlesworth J stated that regardless of whether there was a previous agency agreement between Ms Wilson and her son, the relationship of principal and agent could not survive death of Ms Wilson as principal, unless his appointment was expressly stated to continue irrespective of death or otherwise irrevocable, of which was not evident in these proceedings.