In this matter the Court heard an application for summary dismissal or strike out of an application for a determination of native title (the Far West Sea Claim) on the basis that the claim was not properly authorised. The Court ordered that (1) the Applicant’s amended interlocutory application filed 10 May 2017 be dismissed; and (2) that the Bunna Lawrie’s interlocutory application filed 1 May 2017 be dismissed.
In 2013, the Court made a determination by consent concerning native title over land on the Far West Coast of South Australia: Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285 (the 2013 Determination). The 2013 Determination related to an area of approximately 75,249km2 extending from the coast north of the town of Streaky Bay to the South Australian–Western Australian border and included the towns of Ceduna, Thevenard, Denial Bay, Smoky Bay, Penong, Fowlers Bay and Coorabie, but excluded the waters on the seaward side of the low water mark.
In March 2016, Leonard Miller Senior, Oscar Richards Senior, Allan Haseldine, Clem Lawrie, Penong Miller, James Peel and Arthur Catsambalas (collectively ‘the Applicant’) filed the Far West Coast Sea Claim seeking a determination of the native title of the Far West Coast People over the sea area, which abuts the 2013 Determination area. In November 2016, Mr Michael Laing (represented by Campbell Law) filed Notice of Intention to Become a Party to the application. In January 2017, an entity describing itself as the Indigenous Justice Advocacy Network also filed a Notice of Intention to Become a Party on behalf of Robert Miller, Robert Lawrie, Dorcas Miller, Meegan Sparrow, Michael Laing, Rose Miller and Bunna Rupert Lawrie who it was said were acting ‘on behalf of the Mirning People’ – the ‘Bunna Lawrie Parties.’ The Bunna Lawrie Parties contended that the native title claim group was not a society capable of being granted native title, and sought the summary dismissal of the Far West Coast Sea Claim on that basis.
In May 2017, the Applicant filed an interlocutory application seeking the removal of Mr Laing and the Bunna Lawrie Parties as respondents to the Far West Coast Sea Claim. The Applicant filed an amended interlocutory application seeking, in the alternative, the removal of Mr Laing and the Bunna Lawrie Parties. The Indigenous Justice Advocacy Network filed an interlocutory application on behalf of the Bunna Lawrie Parties seeking the striking out of the Far West Coast Sea Claim on the basis that it had not been properly authorised, or in the alternative, the dismissal of the proceeding.
White J held that the applicant was not properly authorised at the first authorisation meeting. His Honour found that the resolution of the claim group at the second authorisation meeting that the individual applicants had been properly authorised at the first meeting to make the Far West Coast Sea Claim was ineffective. His Honour held that the application was noncompliant with s 61 of the NTA, but found that striking out of the claim would result in delay in the prosecution of that claim and additional expense. White J was satisfied that it is appropriate for the Court to decide to hear and determine the Far West Coast Sea Claim, despite the defects in its original authorisation.
His Honour exercised the discretionary power pursuant to s 84D(4) and dismissed the applications for strike out/dismissal of the claim.