Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales [2007] FCA 1357

FEDERAL COURT OF AUSTRALIA

Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales [2007] FCA 1357 NATIVE TITLE –opposed application to be joined as respondent to non-claimant native title application pursuant to s 84(5) of the Native Title Act 1993 (Cth) – non-claimant application seeking order that no native title exists over land – applicant for joinder claims native title exists over land – previous claimant applications for determination native title exists struck out for not meeting requirements in Act – whether applicant has an interest within meaning of s 84(5) of Act – whether interest will be affected by determination in proceedings – whether Court should exercise discretion to join applicant as a party – applicant has relevant interest under the Act – discretion exercised subject to condition of imposition of time limit for filing further evidence. Native Title Act 1993 (Cth) ss 61, 61(1), 61A, 62, 66(10)(c), 84C, 84(3), 84(5), 251B Native Title Amendment Act 2007 (Cth) Items 5 and 78 of Sch 2 Akiba v Queensland (No 2) (2006) 154 FCR 513 cited Byron Environment Centre Incorporated v Arakwal People (1997) 78 FCR 1 applied Davis-Hurst v Minister for Land and Water Conservation (NSW) (2003) 198 ALR 315 cited De Rose v South Australia (No 2) (2005) 145 FCR 290 cited Gamogab v Akiba [2007] FCAFC 74 applied Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 cited Hillig as Administrator of Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (No 2) [2006] FCA 1115 cited Kanak v Minister for Land and Water Conservation (2000) 106 FCR 31 cited Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 cited Kokatha People v State of South Australia [2007] FCA 1057 cited Mabo v State of Queensland (No 2) (1992) 175 CLR 1 cited McKenzie v South Australia (2005) 214 ALR 214 cited Members of the Yorta Yorta Aboriginal Community v State of Victoria (2002) 214 CLR 422 cited Moses v State of Western Australia [2007] FCAFC 78 cited Munn v State of Queensland [2002] FCA 486 cited Risk v National Native Title Tribunal [2000] FCA 1589 cited Western Australia v Ward (2002) 99 FCR 316 cited Worimi v Minister for Lands for the State of New South Wales [2006] FCA 1770 cited Worimi Local Aboriginal Land Council v MINISTER FOR LANDS FOR THE STATE OF NEW SOUTH WALES AS THE STATE MINISTER UNDER THE NATIVE TITLE ACT 1993 (CTH) AND NSW NATIVE TITLE SERVICES LTD NSD 1989 OF 2004