Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Powder Family v National Native Title Tribunal [1999] FCA 895
NATIVE TITLE - joinder of non-party to interlocutory proceedings only - whether sufficient interest in subject matter to allow joinder - relevant considerations where no other contradictor to interlocutory proceedings - interpretation of O 78 r 10 Federal Court Rules Native Title Act 1993 (Cth) ss 29, 35, 84, 190D Federal Court Rules O 6 r 8, O 78 r 10 Aussie Airlines Pty Ltd v Australian Airlines Ltd (1996) 139 ALR 663, cited Friends of Hinchinbrook Society Inc v Minister for the Environment (No 1) (1996) 69 FCR 1, cited POWDER FAMILY v NATIONAL NATIVE TITLE TRIBUNAL Q 6016 OF 1999 DRUMMOND J BRISBANE 25 JUNE 1999
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 6016 OF 1999
BETWEEN: POWDER FAMILY
Applicant
AND: NATIONAL NATIVE TITLE TRIBUNAL
Respondent
JUDGE: DRUMMOND J
DATE OF ORDER: 25 JUNE 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Marlborough Nickel Pty Ltd be given leave to be joined as a party to these proceedings.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 6016 OF 1999
BETWEEN: POWDER FAMILY
Applicant
AND: NATIONAL NATIVE TITLE TRIBUNAL
Respondent
JUDGE: DRUMMOND J
DATE: 25 JUNE 1999
PLACE: BRISBANE
REASONS FOR JUDGMENT
1 I have before me a notice of motion brought by Marlborough Nickel Pty Ltd, a non-party to certain proceedings instituted in the Court, for joinder of that non-party as a party in those proceedings and for leave to deliver submissions in those proceedings. The proceedings in question were commenced on 15 April 1999 by Mr Powder on behalf of the Jetimarala people. The decision he challenges is a decision of the Registrar of the National Native Title Tribunal to refuse registration of an application earlier lodged by Mr Powder on behalf of the Jetimarala people for a native title claim determination. The application reads in this way:
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