A.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 2) [2013] FCA 1000

FEDERAL COURT OF AUSTRALIA

A.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 2) [2013] FCA 1000 Citation: A.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 2) [2013] FCA 1000

Parties: A.D. (DECEASED), JOHN GRAHAM, DAVID HIRSCHAUSEN, CLEM LAWRIE, ROBERT LAWRIE, WENDY LAWRIE, JEAN MCKENZIE and L.T. (DECEASED) ON BEHALF OF THE MIRNING PEOPLE v STATE OF WESTERN AUSTRALIA, THE COMMONWEALTH OF AUSTRALIA, CITY OF KALGOORLIE – BOULDER, ARUBIDDY PASTORAL COMPANY PTY LTD, BRIE McCLURE CAMPBELL (MUNDRABILLA STATION), COLIN JOHN CAMPBELL (MUNDRABILLA STATION), RODERICK STEEL CAMPBELL, HGM PASTORAL PTY LTD, LOCHABER PTY LTD, NIGHSHADE NOMINEES PTY LTD and TELSTRA CORPORATION LIMITED

File number: WAD 6001 of 2001

Judge: MCKERRACHER J

Date of judgment: 3 October 2013

Catchwords: NATIVE TITLE – application for joinder as a respondent to a native title determination application under s 84(5) of the Native Title Act 1993 (Cth) – whether joinder applicant has a sufficient interest that may be affected by a determination – where joinder applicant claims to be a member of the claim group but does not fall within the current description of the claim group – whether joinder applicant seeking to be joined in a representative capacity – exercise of discretion – relevant factors – delay – context of joinder applicant filing overlapping claims and seeking joinder in other proceedings – quality and nature of evidence capable of demonstrating sufficient interest of the joinder applicant to the claim in question NATIVE TITLE – ancillary application to give restricted oral in camera evidence in support of a joinder application – relevant considerations – prejudice