Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Citation: Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321
Parties: KENNETH HENRY BONNER & OTHERS ON BEHALF OF THE JAGERA PEOPLE #2 v STATE OF QUEENSLAND & OTHERS
File number: QUD 6014 of 2003
Judge: REEVES J
Date of judgment: 6 April 2011
Catchwords: NATIVE TITLE – two applications pursuant to s 84(5) of the Native Title Act 1993 (Cth) for joinder as respondent parties to a native title determination application – consideration of sufficient interest for the purposes of s 84(5) of the Act – interest need not be proprietary, legal or equitable but must be genuine and demonstrably affected by the native title proceedings – a person claiming a native title interest over land or waters affected by native title proceedings will ordinarily have a sufficient interest – both applications for joinder display a sufficient interest – consideration of The Commonwealth of Australia v Clifton [2007] FCAFC 190 – a person or group cannot obtain a native title determination in their favour as a respondent to other native title proceedings – a person may be joined as a respondent to native title proceedings to defensively assert native title interests over land – a person may not be joined as a respondent in a representative capacity
Legislation: Native Title Act 1993 (Cth) s 84(5) Native Title Amendment Act 2007 (Cth)
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