Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 2) [2013] FCA 787

FEDERAL COURT OF AUSTRALIA

Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 2) [2013] FCA 787 Citation: Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 2) [2013] FCA 787

Parties: ELIZABETH DODD & ORS ON BEHALF OF THE GUDJALA PEOPLE CORE COUNTRY CLAIM #1 v STATE OF QUEENSLAND & ORS

File number: QUD 80 of 2005

Judge: LOGAN J

Date of judgment: 9 August 2013

Corrigendum: 27 September 2013

Catchwords: NATIVE TITLE – application for joinder as respondents by two separate parties – parties pastoralists with interest in land the subject of the native title claim – claim at advanced stage of progression towards a consensual determination of native title rights and interests – no reasonable basis upon which challenge to native title rights and interests claimed by applicant disclosed in material relied on by prospective parties – ability to contest native title reserved by prospective parties to assist position in negotiations of indigenous land use agreements – delay, in one case gross by prospective parties in seeking joinder with associated likelihood of prejudice be progression of case – whether joinder as parties to s 84(5) of Native Title Act 1993 (Cth) should be permitted Held: joinder not in the interests of justice – application for joinder dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 29 Evidence Act 1995 (Cth) ss 160, 163 Federal Court of Australia Act (1976) ss 37M, 37N, 37P, Native Title Act 1993 (Cth) ss 13, 61, 66, 84