FEDERAL COURT OF AUSTRALIA
Watson v State of Western Australia [No 2] [2013] FCA 529
Watson v State of Western Australia [No 2] [2013] FCA 529 | ||
Parties: | ||
File number: | WAD 6099 of 1998 | |
Judge: | GILMOUR J | |
Date of judgment: | ||
Place: | Perth | |
Division: | GENERAL DIVISION | |
Category: | No catchwords | |
Number of paragraphs: | ||
Solicitor for the Applicant: | Kimberley Land Council | |
Counsel for Oil Basins: | Ms M Watts | |
Solicitor for Oil Basins: | Hunt & Humphry | |
Counsel for certain pastoralists: | Dr H Esbenshade (with leave) | |
Counsel for the Commonwealth: | Ms A Ladhams | |
Solicitor for the Commonwealth: | Australian Government Solicitor | |
Counsel for the State of Western Australia: | Ms C Taggart | |
Solicitor for the State of Western Australia: | State Solicitor’s Office | |
IN THE FEDERAL COURT OF AUSTRALIA | |
| Applicant | |
AND: | STATE OF WESTERN AUSTRALIA & ORS Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The applicant be granted leave to amend the main application in the form of the exhibit "EX JC 1” to the affidavit of Jacki Lynn Cole sworn 14 March 2013.
2. The engrossed copy of exhibit "EX JC 1” to the affidavit of Jacki Lynn Cole sworn 14 March 2013 which is accompanied by affidavits executed by each member of the applicant stands as the amended application.
3.. The applicant shall provide a copy of the amended application to any respondent on request.
4. There be no orders as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
WESTERN AUSTRALIA DISTRICT REGISTRY | |
GENERAL DIVISION | WAD 6099 of 1998 |
BETWEEN: | JOHN WATSON & ORS Applicant
|
AND: | STATE OF WESTERN AUSTRALIA & ORS Respondent
|
JUDGE: | GILMOUR J |
DATE: | 15 MARCH 2013 |
PLACE: | PERTH |
REASONS FOR JUDGMENT
1 I made orders in this matter on 15 March 2013, and gave ex tempore reasons at that time for doing so. These are my reasons, edited but not such as to alter the substance of those reasons.
2 This is an interlocutory application by the applicant seeking to leave to file an amended application in the form of the document which is annexure A to the affidavit of Jacki Lynn Cole sworn 14 March 2013. The applicant also relies upon an earlier affidavit of Ms Cole sworn on 19 February 2013 and an affidavit of Alexander David Chalmers who is an employee with the Kimberley Land Council as a Native Title Officer and Legal Officer, affirmed by him on 18 February 2013. The affidavit of Ms Cole of 14 March 2013 replaces an earlier affidavit which had been filed by the applicant, affirmed by Mr Simon Charles Blackshield on 15 January 2013. The differences between the amended application which is annexure A to Mr Blackshield’s affidavit and that which is annexure A to the affidavit of Ms Cole of 14 March 2013 are really quite minor. I am satisfied that the meetings which gave rise to the resolution that this application be made were properly convened and due process was followed. In those circumstances, I am satisfied that it is appropriate on the evidence before me to make orders in terms of the interlocutory application subject to amendment.
3 The orders, then, will be made in terms of a minute of proposed orders filed by the solicitors for the applicant dated 15 March 2013.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour. |
Associate:
