White J
In this matter the Court ordered that the application of the Bunna Lawrie Respondents pursuant to s 85 of the NTA for leave to have Mr Alan Oshlack appear on their behalf was refused.
The Far West Coast Sea Claim (FWC Sea Claim) is an application for a determination of native title over the sea between the South Australian-Western Australian border in the west and Streaky Bay in the east and between the low water mark and (generally) the three mile nautical limit. The claim abuts the land that was the subject of a consent determination on 5 December 2013 by the Court in Far West Coast Native Title Sea Claim v State of South Australia (No 7) FCA 1285.
The FWC Sea Claim was filed on 9 March 2016 by seven applicants (the Applicant) who stated that they were authorised by the native title claim group to make the application. On 16 January 2017, Alan Oshlack from the Indigenous Justice Advocacy Network filed a corresponding notice on behalf of seven persons, being Bunna Rupert Lawrie, Dorcas Miller, Robert Lawrie, Michael Laing, Rose Miller, Megan Sparrow and Robert Miller (the Bunna Lawrie respondents.) The effect was pursuant to s 84(3) of the NTA that those persons became parties to the proceedings.
On 1 May 2017 the Applicant sought an order that the Bunna Lawrie respondents be removed as parties. On 2 May 2017 Alan Oshlack from the Indigenous Justice Advocacy Network filed an application seeking the striking out of the FWC Sea Claim due to a lack of proper authorisation. On 3 July 2017 Mr Oshlack applied pursuant to s 85 NTA for leave to represent the Bunna Lawrie respondents. The leave application was opposed by the Applicant. Under s 85 NTA a person other than a legal practitioner requires the leave of the Court to represent a native title party in proceedings. An applicant who applies for a grant of leave pursuant to s 85 must also demonstrate to the Court that the grant is appropriate.
White J granted leave to Mr Oshlack to make the application, however a number of matters raised concerns about Mr Oshlack’s ability to be of assistance in the present proceedings. For the reasons set out in paragraphs [13] to [27] White J refused leave to Mr Oshlack to appear for the Bunna Lawrie respondents.