Strickland & Nudding on behalf of the Maduwongga People v Native Title Registrar [1999] FCA 1089

FEDERAL COURT OF AUSTRALIA

Strickland & Nudding on behalf of the Maduwongga People v Native Title Registrar [1999] FCA 1089 NATIVE TITLE - practice and procedure – registration of native title claims – application for review of decision refusing registration – joinder of parties – test – whether State may be joined as a party – whether interests directly affected by registration – joinder ordered. Native Title Act 1993 (Cth) s 190A, s 190C, s 190D Administrative Decisions (Judicial Review) Act 1977 Native Title Amendment Act 1998 (Cth) Federal Court Rules O 78 r 10(7), O 78 r 10(8), O 6 r 8 North Ganalanja Aboriginal Corporation v The State of Queensland (1996) 185 CLR 595 cited Northern Territory v Lane (1995) 59 FCR 332 cited Kanak v National Native Title Tribunal (1995) 61 FCR 103 cited Powder Family, on behalf of the Jetimarala People v Registrar, National Native Title Tribunal [1999] FCA 913 followed Powder Family v National Native Title Tribunal [1999] FCA 895 cited News Limited v Australian Rugby Football League Limited (1996) 64 FCR 410 followed Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 cited MARJORIE MAY STRICKLAND and ANNE JOYCE NUDDING on behalf of the Maduwongga People v The Native Title Registrar W 6018 of 1999 FRENCH J 11 AUGUST 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W6018 OF 1999

BETWEEN: MARJORIE MAY STRICKLAND and ANNE JOYCE NUDDING on behalf of the Maduwongga People

Applicant

AND: THE NATIVE TITLE REGISTRAR

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 11 AUGUST 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The State of Western Australia is joined as second respondent to the application. 2. The costs of the State's motion are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.