MT (deceased) v State of Western Australia [2013] FCA 1302

FEDERAL COURT OF AUSTRALIA

MT (deceased) v State of Western Australia [2013] FCA 1302 Citation: MT (deceased) v State of Western Australia [2013] FCA 1302

Parties: MT (DECEASED) & ORS v STATE OF WESTERN AUSTRALIA & ORS

File number: WAD 6124 of 1998

Judge: BARKER J

Date of judgment: 14 November 2013

Catchwords: NATIVE TITLE – application by native title representative body to be joined as respondent to access Court-ordered anthropological report and to strike out proceeding – whether Court has power to order joinder of representative body – whether Court should exercise power – whether appropriate that anthropological report be made available to parties – whether claim authorised – comment on state of proceeding

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) s 61(1), s 62, s 62(1)(a)(v), s 84(5), s 84C, s 84C(1), s 190C, Pt 11 Div 3, s 203B, s 203BA(1), s 203BA(2), s 203BB, s 203BB(1)(a), s 203BB(1)(b), s 203BC(1)(a), s 203BE(1)(a), s 203BF(1)(a), s 203BH(1), s 251B Native Title (Technical Amendments) Act 2007 (Cth) Sch 1 item 72 Federal Court Rules 2011 (Cth) R 26.01(1)(c)

Cases cited: Bissett v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 365 Budby on behalf of the Barada Barna People v State of Queensland (No 2) [2013] FCA 314 Connelly on behalf of the Mitakoodi and Mayi People #1 v State of Queensland [2009] FCA 1181 Gale v New South Wales & Minister for Land and Water Conservation [2002] FCA 972 Hazelbane v Northern Territory of Australia [2008] FCA 291 KK (deceased) v State of Western Australia [2013] FCA 1234 McKenzie v State of Western Australia [2013] FCA 1058 Munn v State of Queensland [2002] FCA 78 Simms v Minister for Land and Water Conservation (NSW) [2002] FCA 15; (2002) 193 ALR 257 Woodridge v Minister for Land and Water Conservation (NSW) [2002] FCA 1109; (2002) 122 FCR 190