Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Graham on behalf of the Ngadju People v State of Western Australia [2012] FCA 1003 Citation: Graham on behalf of the Ngadju People v State of Western Australia [2012] FCA 1003
Parties: JOHN WALTER GRAHAM AND OTHERS ON BEHALF OF THE NGADJU PEOPLE v STATE OF WESTERN AUSTRALIA AND OTHERS
File number: WAD 6020 of 1998
Judge: MARSHALL J
Date of judgment: 27 August 2012
Catchwords: NATIVE TITLE – procedure – three interlocutory applications were filed seeking joinder of individuals as respondents to a native title claim – discretionary matters affecting an application under s 84(5) of the Native Title Act 1993 (Cth) – applications filed late – proceeding at very advanced stage – no or no valid explanation for delay – prejudice to existing parties – joinder inconsistent with overarching purpose of civil practice and procedure in ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth)
Legislation: Native Title Act 1993 (Cth) s 84(5) Native Title Amendment Act 2007 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: Barunga v Western Australia (No 2) [2011] FCA 755 Far West Coast Native Title Claim v South Australia [2012] FCA 733 Isaacs v Queensland (No 2) [2011] FCA 942 Velickovic v Western Australia [2012] FCA 782 Chippendale v Queensland [2012] FCA 310
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