Sumner v State of South Australia [2014] FCA 534

FEDERAL COURT OF AUSTRALIA

Sumner v State of South Australia [2014] FCA 534 Citation: Sumner v State of South Australia [2014] FCA 534

Parties: DARRELL SUMNER AND OTHERS (Ngarrindjeri Native Title Claim) v STATE OF SOUTH AUSTRALIA AND OTHERS

File number: SAD 6027 of 1998

Judge: MANSFIELD J

Date of judgment: 23 May 2014

Catchwords: NATIVE TITLE – joinder of respondent parties – whether the particular interests of the applicant for joinder as a dissentient claim group member or as a member of a competing claim group member are made out

Legislation: Native Title Act 1993 (Cth) Judiciary Act 1903 (Cth) Native Title Amendment Act 2007 (Cth)

Cases cited: Walker v South Australia (No 2) (2013) 215 FCR 254 applied Barunga v State of Western Australia (No 2) [2011] FCA 755 cited Far West Coast Native Title Claim v South Australia (No 2) (2011) 204 FCR 542 cited Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 cited Chippendale on behalf of the Wuthathi People #2 v State of Queensland [2012] FCA 310 cited Barunga v State of Western Australia (No 2) [2011] FCA 755 cited Akiba v Queensland (No 2) (2006) 154 FCR 513 cited Worimi Local Aboriginal Land Council v Minister for Lands (NSW) (2007) 164 FCR 181 cited Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 cited Davis-Hurst v Minister for Land and Water Conservation (NSW) (2003) 198 ALR 315 cited Far West Coast Native Title Claim v South Australia (2011) 191 FCR 381 cited Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 cited Munn v State of Queensland [2002] FCA 486 cited Commonwealth v Clifton (2007) 164 FCR 355 cited Wakka Wakka People #2 v State of Queensland [2005] FCA 1578 cited Starkey v South Australia (2011) 193 FCR 450 applied