Mortimer J
This matter concerned an application to replace the applicant of the Jurruru native title claim under s 66B of the Native Title Act 1993 (Cth). Mortimer J granted the application with three individuals jointly replacing the previous applicant.
Background
The native title claim was brought by the Jurruru People in 2018. The claim overlaps with the Yinhawangka Gobawarrah claim. A separate hearing regarding this overlap was held in December 2019.
The proposed applicants were Ivan Smirke, Kellman Limerick and Alec Alexander, two of which were previous applicants. The application was supported by evidence proving the change was properly authorised by the claimant group at a meeting in March 2019. The amending application was filed in July 2020. Both the State and the Yinhawangka Gobawarrah were notified of the application and neither opposed.
Decision
Mortimer J was concerned by the delay of more than a year between the authorisation meeting and the time the application was brought, particularly as the separate hearing had occurred during this period. Had there been any objection to the application, the passage of time since the authorisation meeting would have raised a number of issues for the Court. The application was conducted as a hearing as a result. Nonetheless, no issues were raised, the authorisation was uncontested and the proposed applicant had met all procedural requirements. The application was granted.