Kokatha Native Title Claim v The State of South Australia [2005] FCA 836

FEDERAL COURT OF AUSTRALIA

Kokatha Native Title Claim v The State of South Australia [2005] FCA 836 NATIVE TITLE – parties – registered native title claimant in respect of overlapping claim already party – overlapping claim struck out – whether that person thereby ceases to be a party NATIVE TITLE – parties – application for joinder as respondent parties under s 84(5) of the Native Title Act 1993 (Cth) – basis that respective and individual rights and interests will be affected by a determination of native title in favour of the claimants – no competing claim for native title over claim area by group whose members include putative parties – whether putative parties eligible for party status where interests claimed are communal in character and there is no authorisation under s 251B – whether assertion of such rights by an individual to become eligible as a party may provide alternative route to a determination of native title

Native Title Act 1993 (Cth) Native Title Amendment Act 1998 (Cth) Byron Environment Centre Incorporated v Arakwal People (1997) 78 FCR 1 cited Tilmouth v Northern Territory (2001) 109 FCR 240 cited Munn v Queensland [2002] FCA 486 approved Davis-Hurst v New South Wales Minister for Land and Water Conservation (2003) 198 ALR 315 cited Yarmirr v Northern Territory (unreported, Olney J, 4 April 1997) cited Quall v Risk [2001] FCA 378 cited Western Australia v Ward (2000) 99 FCR 316 distinguished Attorney-General of the Northern Territory v Ward [2003] FCAFC 283 cited Rubibi v Western Australia (No.3) (2002) 120 FCR 512 distinguished KOKATHA NATIVE TITLE CLAIM v THE STATE OF SOUTH AUSTRALIA AND OTHERS SAD 6013 of 1998 MANSFIELD J 24 JUNE 2005 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 6013 OF 1998

BETWEEN: KOKATHA NATIVE TITLE CLAIM