Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Starkey v State of South Australia [2011] FCA 456 Citation: Starkey v State of South Australia [2011] FCA 456
Parties: ANDREW STARKEY, JOYLEEN THOMAS, LORRAINE DARE AND MARK MCKENZIE v STATE OF SOUTH AUSTRALIA & ORS
File number: SAD 90 of 2009
Judge: MANSFIELD J
Date of judgment: 9 May 2011
Catchwords: NATIVE TITLE – whether to order that a person cease to be a party to the proceeding – where party joined as of right by s 84(3) of the Native Title Act 1993 (Cth) – where party who was joined as a respondent was already a member of the native title claim group – where joined party contends that authorisation of applicant to act on behalf of the claim group pursuant to s 251B of the Native Title Act 1993 (Cth) could not legitimately occur without his consent – party to cease being a respondent party as to remain as such will delay and interfere with progress towards consent determination – where concern about proper authorisation is better addressed by s 84D
Legislation: Native Title Act 1993 (Cth) s 62A, 66B, 84, 84D, 251B Native Title Amendment (Technical Amendments) Act 2007 (Cth)
Cases cited: Thomas v South Australia [2004] FCA 951 cited Reid v South Australia [2007] FCA 1479 cited AON Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 cited Butterworth on behalf of the Wiri Core Country Claim v State of Queensland [2010] FCA 325 considered Kulkalgal People v State of Queensland [2003] FCA 163 considered Munn v State of Queensland [2002] FCA 486 cited Worimi Local Aboriginal Land Council v Minister for Lands for New South Wales (2007) 164 FCR 181 cited Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 cited Davis-Hurst v New South Wales Minister for Land and Water Conservation (2003) 198 ALR 315 cited Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 cited Commonwealth of Australia v Clifton (2007) 164 FCR 355 cited Moses v Western Australia (2007) 160 FCR 148 cited Bidjara People #2 v State of Queensland [2003] FCA 324 cited Combined Dulabed and Malanbarra/Yidinji Peoples v State of Queensland (2004) 139 FCR 96 cited Combined Dulabed and Malanbarra/Yidinji Peoples v State of Queensland [2002] FCA 1370 cited Combined Dulabed and Malanbarra/Yidinji Peoples v State of Queensland (2005) 214 ALR 306 cited
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