Far West Coast Native Title Claim v State of South Australia (No 6) [2013] FCA 1270

FEDERAL COURT OF AUSTRALIA

Far West Coast Native Title Claim v State of South Australia (No 6) [2013] FCA 1270 Citation: Far West Coast Native Title Claim v State of South Australia (No 6) [2013] FCA 1270

Parties: FAR WEST COAST NATIVE TITLE CLAIM (NO 6) v STATE OF SOUTH AUSTRALIA & OTHERS

File number: SAD 6008 of 1998

Judge: MANSFIELD J

Date of judgment: 4 December 2013

Catchwords: NATIVE TITLE – application for orders by non-party member of claim group – consideration of standing where application for joinder as respondent under s 84(5) of the Native Title Act 1993 (Cth) abandoned – whether it is appropriate to make declarations about validity of authorisation of native title determination application on interlocutory application by non-party – whether it is appropriate to make orders about contents of proposed consent determination – whether it is appropriate to make orders about relationship between prospective native title holders on a native title determination application

Legislation: Native Title Act 1993 (Cth) ss 61, 84, 84D, 87 Federal Court of Australia Act 1976 (Cth) ss 21, 22

Cases cited: Far West Coast Native Title Claim v South Australia (No 2) (2012) 204 FCR 542 applied Far West Coast Native Title Claim v South Australia (2011) 191 FCR 381 referred to Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 referred to Far West Coast Native Title Claim Group v State of South Australia (No 4) [2012] FCA 1468 applied Kulkalgal People v Queensland [2003] FCA 163 referred to Kokatha Native Title Claim v South Australia (2005) 143 FCR 564 referred to Butterworth v Queensland (2010) 184 FCR 397 referred to Starkey v South Australia (2011) 193 FCR 450 referred to Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 cited Gumana v Northern Territory (2005) 141 FCR 457 discussed Starkey v South Australia (2011) 193 FCR 450 referred to