Far West Coast Native Title Claim v State of South Australia [2011] FCA 24

FEDERAL COURT OF AUSTRALIA

Far West Coast Native Title Claim v State of South Australia [2011] FCA 24 Citation: Far West Coast Native Title Claim v State of South Australia [2011] FCA 24

Parties: FAR WEST COAST NATIVE TITLE CLAIM v STATE OF SOUTH AUSTRALIA & ORS

File number: SAD 6008 of 1998

Judge: MANSFIELD J

Date of judgment: 21 January 2011

Catchwords: NATIVE TITLE – application to be joined as a respondent party to the proceedings pursuant to s 84(5) of the Native Title Act 1993 (Cth) – where the proposed respondent is an incorporated body representative of some persons who are a subset of the claim group – whether incorporated body has sufficient interest

Legislation: Aboriginal Heritage Act 1988 (SA) Associations Incorporation Act 1985 (SA) Native Title Act 1993 (Cth) s 84(5) Native Title Amendment Act 1998 (Cth)

Cases cited: Adnyamathanha People No 1 v South Australia [2003] FCA 1377; (2003) 133 FCR 242 cited Akiba & Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 2) (2006) 154 FCR 513 cited Bisset v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 365 cited Budby on behalf of the Barada Barna People v Queensland [2010] FCA 1017 cited Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 followed Combined Dulabed and Malenbarra/Yidinji Peoples v Queensland (2004) 214 ALR 306 cited Combined Dulabed Malenbarra/Yidinji Peoples v Queensland (2004) 139 FCR 96 cited Dann on behalf of the Amangu People v Western Australia [2006] FCA 1249 cited Davis-Hurst v New South Wales Minister for Land and Water Conservation [2003] FCA 541 cited Harrington-Smith on behalf of The Wongatha People v Western Australia [2002] FCA 184 cited Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 discussed Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 200 CLR 591 discussed Woodridge v Minister for Land and Water Conservation for the State of New South Wales [2001] FCA 419; (2001) 108 FCR 527 cited Woodridge v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 1109; (2002) 122 FCR 190 cited