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Rubibi v Western Australia [2003] FCA 62

Jurisdiction
Western Australia
Forum
Federal Court
Legislation considered
s 85 Native Title Act 1993 (Cth)
Summary

Merkel J

The Court granted leave under s 85 of the Native Title Act 1993 (Cth) ('NTA') to Ms Robin Hanigan to represent Edward Leonard Roe, Margaret Mary Robinson and Peter Matsumoto ('the Walman Yawuru respondents'). Ms Robin Hanigan was not a legally qualified person, however, s 85 provides that 'a party may appear in person or may be represented by a barrister, a solicitor or, with the leave of the Federal Court, another person.' The order was sought as the respondents had been unable to obtain funding for legal representation. Although the courts are generally reluctant to exercise their discretion to allow a non legally qualified person to represent a party, in the circumstances and with regards to Ms Robin Hanigan's qualifications and experience in native title, leave was granted.The order was made on the condition that male restricted evidence be given by the male Walman Yawuru respondents.