Edwards on behalf of the Wongkumara People v State of Queensland [2014] FCA 282

FEDERAL COURT OF AUSTRALIA

Edwards on behalf of the Wongkumara People v State of Queensland [2014] FCA 282 Citation: Edwards on behalf of the Wongkumara People v State of Queensland [2014] FCA 282

Parties: NOELENE MARGARET EDWARDS & OTHERS ON BEHALF OF THE WONGKUMARA PEOPLE v STATE OF QUEENSLAND & ORS

File number: QUD 52 of 2008

Judge: REEVES J

Date of judgment: 26 March 2014

Catchwords: NATIVE TITLE – two applications for joinder under s 84(5) of the Native Title Act 1993 (Cth) – where first joinder applicant is native title representative body – where representative body claims that joinder will assist in the performance of its statutory functions – consideration of Kooma People v State of Queensland [2002] FCA 86 – where proceedings have been on foot for six years but have not been listed for hearing or consent determination – where second joinder applicants claim to have been wrongly excluded from the native title claim group – whether their interests are protected by the claim group itself – where native title applicant claims the dispute is about the membership of the native title claim group and is not one that can be resolved by the Court – where the composition of the native title claim group is not adequately described in the native title determination application

Legislation: Native Title Act 1993 (Cth) Native Title Amendment Act 2007 (Cth)

Cases cited: AD (deceased) on behalf of the Mirning People v State of Western Australia (No 2) [2013] FCA 1000 Aplin on behalf of the Waanyi Peoples v Queensland [2010] FCA 625 Bissett v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 365 Brierley on behalf of the Walbunja People v Minister for Land & Water Conservation (NSW) [2002] FCA 1209 Brooks (on behalf of the Mamu People) v Queensland (No 3) [2013] FCA 741 Butterworth v Queensland (2010) 184 FCR 397; [2010] FCA 325 Connelly on behalf of the Mitakoodi and Mayi People #1 v State of Queensland [2009] FCA 1181 Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 Gale v New South Wales Minister for Land & Water Conservation [2002] FCA 972 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Kooma People v State of Queensland [2002] FCA 86 MT (deceased) v State of Western Australia [2013] FCA 1302 Munn v State of Queensland [2002] FCA 78 Simms v Minister for Land and Water Conservation (NSW) (2002) 193 ALR 257; [2002] FCA 15 Starkey v State of South Australia (2011) 193 FCR 450; [2011] FCA 456 State of Western Australia v Graham on behalf of the Ngadju People (2013) 309 ALR 452; [2013] FCAFC 143 Woodridge v Minister for Land and Water Conservation (NSW) (2002) 122 FCR 190; [2002] FCA 1109 Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229