Prior on behalf of the Juru People v State of Queensland [2014] FCA 332

FEDERAL COURT OF AUSTRALIA

Prior on behalf of the Juru People v State of Queensland [2014] FCA 332 Citation: Prior on behalf of the Juru People v State of Queensland [2014] FCA 332

Parties: CAROL PRIOR, RAYMOND LAMPTON, RAYMOND GASTON, COLLEEN POWER, RAYLENE OUI, TANYA CHATFIELD, IRIS GLENBAR AND LENORA ALDRIDGE ON BEHALF OF THE JURU PEOPLE v STATE OF QUEENSLAND & ORS (ACCORDING TO THE SCHEDULE)

File number: QUD 554 of 2010

Judge: RARES J

Date of judgment: 3 March 2014

Catchwords: NATIVE TITLE – application for order under s 84(8) of Native Title Act 1993 (Cth) that person cease to be a party to proceedings – effect of failure to comply with orders to file evidence that person had, or still has, interests that may be affected by a determination in the proceedings under s 84(8) – effect of failure to place parties or the Court in position to be able to consider evidence in support of claim – public interest in providing certainty where all other parties wish for matter to proceed by consent determination Held: right to become a party to proceedings for determination of native title restricted to persons whose interests may be genuinely, demonstrably and not indirectly affected by a determination

Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB Native Title Act 1993 (Cth) s 84(8)

Cases cited: Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 applied Gomeroi People v Attorney-General of New South Wales [2013] FCA 81 approved Peter Hillig as administrator of Worimi Local Aboriginal Land Council v Minister for Lands [2006] FCA 61 applied Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 referred to Smallwood on behalf of the Juru People v State of Queensland [2014] FCA 331 referred to