Akiba and Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 3) [2007] FCA 39

FEDERAL COURT OF AUSTRALIA

Akiba and Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 3) [2007] FCA 39

PRACTICE AND PROCEDURE – leave to appeal - whether interlocutory or final native title decision – whether application for leave to appeal should be granted –whether court correct in exercising its discretion against joinder – application of the two limbs of the Décor test NATIVE TITLE – parties – joinder - application for joinder as a party to a native title claim – position of nationals of Papua New Guinea – Torres Strait Regional Seas Claim – effect of Treaty between Australia and Papua New Guinea on native title application - Exchange of Notes between Australia and Papua New Guinea in 2000 – classification of PNG villagers as traditional inhabitants Native Title Act 1993 (Cth) ss 61, 84 Torres Strait Fisheries Act 1984 (Cth) Papua Act 1905 (Cth) Papua New Guinea Independence Act 1975 (Cth) Treaty between Australian and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters [1985] ATS 4 Akiba and Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 2) [2006] FCA 1173 cited Hall v Normal Defendant (1966) 117 CLR 423 cited Licul v Corney (1975) 180 CLR 213 cited Noble v Murgha [2005] FCAFC 211 cited Macteldir Pty Ltd v Dimoski (2006) 152 FCR 487 cited Niemann v Electronic Industries Ltd [1978] VR 431 cited Australian Coal and Shale Employees' Federation and another v The Commonwealth and others (1953) 94 CLR 631 cited Williams and others v Spautz (1991 – 1992) 174 CLR 509 cited LEO AKIBA, JOSEPH TABITII, GEORGE MYE AND NAPOLEON WARRIA ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM PEOPLE v STATE OF QUEENSLAND AND OTHERS QUD 361 OF 2006