Kooma People v State of Queensland [2002] FCA 86

FEDERAL COURT OF AUSTRALIA

Kooma People v State of Queensland [2002] FCA 86 NATIVE TITLE - joinder of representative body under s 84(5) the Native Title Act 1993 (Cth) refused on discretionary grounds Native Title Act 1993 (Cth) - ss 66, 84, 203B Munn v State of Queensland [2002] FCA 78 referred to KOOMA PEOPLE v STATE OF QUEENSLAND & ORS QG 6031 OF 1998 DRUMMOND J BRISBANE 8 FEBRUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6031 OF 1998

BETWEEN: KOOMA PEOPLE

APPLICANT

AND: STATE OF QUEENSLAND & ORS

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 8 FEBRUARY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The notice of motion filed 30 January 2002 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

QUEENSLAND DISTRICT REGISTRY QG 6031 OF 1998

BETWEEN: KOOMA PEOPLE

APPLICANT

AND: STATE OF QUEENSLAND & ORS

RESPONDENT

JUDGE: DRUMMOND J

DATE: 8 FEBRUARY 2002

PLACE: BRISBANE

REASONS FOR JUDGMENT

1 I have before me a motion by the Queensland South Representative Body Aboriginal Corporation for an order joining it as a respondent party to the native title claim made on behalf of the Kooma people. The application is brought under s 84(5) the Native Title Act 1993 (Cth) ("the Act"). This empowers the Court at any time to join any person as a party to the proceedings if the Court is satisfied that the person's interests may be affected by a determination in the proceedings. 2 The application is opposed by Mr Wayne Wharton, the applicant who commenced the proceedings now in this Court claiming native title in certain lands for the Kooma people. 3 The native title claim to which the Corporation now wishes to be joined was filed as long ago as June 1996. The Corporation has put evidence on in support of its application for joinder. That evidence is limited to an affidavit from its legal consultant, Mr Bowden, which he says he has made "in support" of the joinder application. He says in par 5 that at a meeting held on 7 December 2001 the applicant Corporation was authorised by certain Kooma people to act on their behalf and represent their interests; he annexes the minutes of that particular meeting. It is apparent from what appears in the minutes of meeting that when Mr Bowden says that the Corporation was authorised by certain Kooma people to act on their behalf and represent their interests, that that is an assertion by Mr Bowden on behalf of the Corporation that it is authorised to represent the interests of certain Kooma people in the present native title claim now pending in this Court. 4 It is significant that the minutes of what is described as "Kooma Traditional Owners Meeting" held on Friday 7 December 2001 contain the following resolutions: