Robertson J made orders that Dulcie Nicholls, Yvonne Stewart, Stanley Kay, Norman Graham, Brian Kelly and Judith Davies would jointly replace the current applicant.
Replacement of applicant
On the 25 February 2019, the applicant filed an interlocutory application seeking to jointly replace the current applicant with Dulcie Nicholls, Yvonne Stewart, Stanley Kay, Norman Graham, Brian Kelly and Judith Davies.
Section 66B(1) of the Native Title Act 1993 (Cth) provides that one or more members of the native title claim group may apply to the Court for an order that the member, or the members jointly, replace the current applicant on the grounds that the current applicant has passed away, and the member or members are authorised by the claim group to make the native title application and deal with matters arising in relation to it.
On 17 August 2018, the joint applicants convened a meeting of members of the Bundjalung People of Byron Bay #3 native title claim group at which it was agreed that the remaining six people who had partly comprised the applicant should remain and be authorised as the new applicant for the native title application.
Robertson J was satisfied that the claim group had authorised the group to make the application and deal with matters arising in relation to it.