Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 Citation: Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717
Parties: FAR WEST COAST NATIVE TITLE CLAIM v STATE OF SOUTH AUSTRALIA & ORS
File number: SAD 6008 of 1998
Judge: MANSFIELD J
Date of judgment: 30 July 2013
Catchwords: NATIVE TITLE – application for joinder as a party – where the joinder applicant claims to be a member of the native title claim group, but does not fall within the current description of the claim group, and has disavowed making any application to alter the description of the claim group – whether it is in the interests of justice to make such a person a party to the native title determination application
Legislation: Native Title Act 1993 (Cth) s 84 Native Title Amendment Act 2007 (Cth) s 2
Cases cited: Far West Coast Native Title Claim v South Australia (No 2) (2012) 204 FCR 542 discussed Far West Coast Native Title Claim v South Australia (2011) 191 FCR 381 discussed Laing v State of South Australia (No 2) [2012] FCA 980 discussed Barunga v State of Western Australia (No 2) [2011] FCA 755 cited Akiba v Queensland (No 2) (2006) 154 FCR 513 cited Worimi Local Aboriginal Council v Minister for Lands for New South Wales (2007) 164 FCR 181 cited Chippendale on behalf of the Wuthathi People #2 v State of Queensland [2012] FCA 310 cited Laing v State of South Australia [2012] FCA 676 discussed Combined Dulabed and Malanmburra/Yidinji Peoples v Queensland (2004) 139 FCR 96 cited Bidjara People #2 v State of Queensland [2003] FCA 324 cited Butterworth v Queensland (2010) 184 FCR 397 cited Starkey v South Australia (2011) 193 FCR 450 cited Davis-Hurst on behalf of the Traditional Owners of Saltwater v Minister for Land and Water Conservation (NSW) (2003) 198 ALR 315 discussed Wakka Wakka People #2 v State of Queensland [2005] FCA 1578 discussed Far West Coast Native Title Claim Group v State of South Australia (No 3) [2012] FCA 1435 cited Kulkalgal People v State of Queensland [2003] FCA 163 cited Far West Coast Native Title Claim Group v State of South Australia (No 4) [2012] FCA 1468 cited Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 mentioned Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 discussed
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