Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942

FEDERAL COURT OF AUSTRALIA

Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Citation: Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942

Parties: CONNIE ISAACS AND MAROOCHY BARAMBAH ON BEHALF OF THE TURRBAL PEOPLE v STATE OF QUEENSLAND AND OTHERS

File number: QUD 6196 of 1998

Judge: REEVES J

Date of judgment: 19 August 2011

Catchwords: NATIVE TITLE – applications under s 84(5) of the Native Title Act 1993 (Cth) for joinder as respondent parties to a native title determination application – consideration of whether the applicants' native title rights and interests could be affected by the substantive proceedings – applicants must show a prima facie case that their rights interests will be affected – 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 respondents in a representative capacity – the applicants cannot obtain a native title determination in their favour as a respondent to other native title proceedings – consideration of discretionary matters affecting application under s 84(5) of the Act – delay in bringing the application, absence of any explanation for delay, likely delay or postponement of confirmed trial dates are factors weighing against the exercise of discretion Held: applications dismissed Legislation: Native Title Act 1993 (Cth) ss 13(1), 61, 84(5)