Barunga v State of Western Australia (No 2) [2011] FCA 755

FEDERAL COURT OF AUSTRALIA

Barunga v State of Western Australia (No 2) [2011] FCA 755 Citation: Barunga v State of Western Australia (No 2) [2011] FCA 755

Parties: VICTOR BARUNGA, HEATHER UMBAGAI, KENNY OOBAGOOMA ON BEHALF OF THE DAMBIMANGARI PEOPLE v STATE OF WESTERN AUSTRALIA

File number: WAD 6061 of 1998

Judge: GILMOUR J

Date of judgment: 25 May 2011

Catchwords: NATIVE TITLE – eight applications for joinder as respondent to a native title determination application – s 84(5) Native Title Act 1993 (Cth) – applicants for joinder claim that boundary between two native title claim areas is in the wrong place – whether the persons seeking to be joined have an interest – whether the interest may be affected by a determination in the proceedings – whether in any event in the exercise of its discretion the Court should join the persons as a party

Legislation: Native Title Act 1993 (Cth) ss 13(1), 61, 66B, 84(5) Native Title Amendment Act 1998 (Cth)

Cases cited: Akiba and Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 2) (2006) 154 FCR 513 Ankamuthi People v State of Queensland (2002) 121 FCR 68 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Gamogab v Akiba (2007) 159 FCR 578 Neowarra v State of Western Australia [2003] FCA 1402 Neowarra v State of Western Australia [2004] FCA 1092 Sampi v State of Western Australia (No 2) (2005) 224 ALR 358 Tigan v State of Western Australia (2010) 188 FCR 533 Ward v Northern Territory [2002] FCA 171 Worimi Local Aboriginal Council v Minister for Lands for New South Wales (2007) 164 FCR 181