NC (deceased) v State of Western Australia [2012] FCA 773

FEDERAL COURT OF AUSTRALIA

NC (deceased) v State of Western Australia [2012] FCA 773 Citation: NC (deceased) v State of Western Australia [2012] FCA 773

Parties: NC (DECEASED) AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS

File number: WAD 6005 of 2003

Judge: MCKERRACHER J

Date of judgment: 20 July 2012

Catchwords: NATIVE TITLE – three applications by related mining companies pursuant to s 84(5) of the Native Act 1993 (Cth) for joinder as respondents to a native title determination application – whether it was in the interests of justice for the companies to be joined as respondents – whether joinder applicants had a demonstrated sufficient interest – whether the interests of the joinder applicants would be affected by a determination of native title over the claim area Held: it was in the interests of justice for the three mining companies to be joined as respondents

Legislation: Native Title Act 1993 (Cth) s 84(5)

Cases cited: Barunga v State of Western Australia (No 2) [2011] FCA 755 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Byron Environment Centre Incorporated v Arakwal People and Others (1997) 78 FCR 1 FMG Pilbara Pty Ltd/[NC (deceased) and Others on behalf of the Yindjibarndi People/Western Australia, [2012] NNTTA 11 Freddy on behalf of the Wiluna Native Title Claimants v State of Western Australia [2010] FCA 1158 Walker v Western Australia (2002) 191 ALR 654 State of Western Australia v Ward (2002) 213 CLR 1