Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Native Title - proceedings for determination that no native title exists in respect of certain lands - application for joinder - meaning of "interests" under ss 68(2)(a) and 84(2) of the Native Title Act 1993 - whether an opportunity to participate in an employment opportunity in an entirely personal capacity constitutes an interest that may be affected by a determination - whether party seeking joinder was a "representative" of the traditional owners of these lands. Native Title Act 1993 - ss 68 and 84 Byron Environment Centre Inc v Arakwal People (1997) 148 ALR 46 - appl.
APPLICATION FOR THE DETERMINATION OF NATIVE TITLE MADE BY METROPOLITAN LOCAL ABORIGINAL LAND COUNCIL
NG 6001 of 1998
JUDGE: BEAUMONT J.
PLACE: SYDNEY
DATE: 31 MARCH 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 6001 of 1998
APPLICATION FOR THE DETERMINATION OF NATIVE TITLE MADE BY METROPOLITAN LOCAL ABORIGINAL LAND COUNCIL
JUDGE: BEAUMONT J.
DATE OF ORDER: 31 MARCH 1998
WHERE MADE: SYDNEY
ORDERS: 1. That the notice of motion be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 6001 of 1998
APPLICATION FOR THE DETERMINATION OF NATIVE TITLE MADE BY THE METROPOLITAN LOCAL ABORIGINAL LAND COUNCIL
JUDGE: BEAUMONT J.
DATE: 31 MARCH 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT BEAUMONT J: This is an application brought by notice of motion by Mr Dominic Kanak seeking to be joined as a party to proceedings for a determination that native title does not exist in respect of certain lands situated at Duffy's Forest near Sydney. The application for joinder is brought pursuant to O 78 r 5 of the Federal Court Rules. The persons who are parties to the present proceedings are defined by s 84(1) of the Native Title Act 1993 ("the Act"). It is there provided that the persons who were parties under s 68 in relation to the principal application are parties. Mr Kanak did not qualify under this provision. However, by s 84(2) it is provided that a person may seek leave of the Federal Court to be joined as a party to proceedings - "...if the person's interests are affected by the matter or may be affected by a determination in the proceedings."
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