Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jacob v State of Western Australia [2014] FCA 1106 Citation: Jacob v State of Western Australia [2014] FCA 1106
Parties: THOMAS JACOB AND OTHERS (YINDJIBARNDI # 1) v STATE OF WESTERN AUSTRALIA AND OTHERS
File number: WAD 6005 of 2003
Judge: MCKERRACHER J
Date of judgment: 14 October 2014
Catchwords: NATIVE TITLE – application pursuant to s 84(5) of the Native Act 1993 (Cth) for joinder as respondents to a native title determination application – whether it was in the interests of justice for the applicants to be joined as respondents – whether the interests of the joinder applicants would be affected by a determination of native title over the claim area – whether the applicants have established a prima facie case Held: it was in the interests of justice for the three applicants to be joined as respondents
Legislation: Evidence Act 1995 (Cth) ss 72, 76, 78A Native Title Act 1993 (Cth) s 84(5)
Cases cited: A.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 2) [2013] FCA 1000 Barunga v State of Western Australia (No 2) [2011] FCA 755 Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 Commonwealth of Australia v Clifton (2007) 164 FCR 355 Dale v Moses [2007] FCAFC 82 Dale v State of Western Australia [2009] FCA 1201 Daniel v State of Western Australia [2003] FCA 666 Daniel v State of Western Australia [2005] FCA 536 Edwards on behalf of the Wongkumara People v State of Queensland [2014] FCA 282 Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 Gamogab v Akiba (2007) 159 FCR 578 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 Moses v State of Western Australia [2007] FCAFC 78 NC (deceased) v State of Western Australia (No 2) [2013] FCA 70 North Ganalanja Aboriginal Corporation and Another and The State of Queensland and Others (1996) 185 CLR 595 Rita Augustine v State of Western Australia [2013] FCA 338 Wakka Wakka People # 2 v State of Queensland [2005] FCA 1578
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