Drury on behalf of the Nanda People Native Title Claim Group v State of Western Australia [2016] FCA 52

FEDERAL COURT OF AUSTRALIA

Drury on behalf of the Nanda People Native Title Claim Group v State of Western Australia [2016] FCA 52 File number: WAD 6136 of 1998

Judge: BARKER J

Date of judgment: 5 February 2016

Catchwords: NATIVE TITLE – removal of respondents under s 84(8) of the Native Title Act 1993 (Cth) – whether members of claimant group or applicant can be joined as respondents under s 84(5) of the Native Title Act 1993 (Cth) – whether members of claimant group or applicant are automatically joined as respondents under s 84(3)(a)(ii) of the Native Title Act 1993 (Cth) – order removing respondents made

Legislation: Native Title Act 1993 (Cth) s 61A(1), s 62A, s 66(3)(a), s 66B, s 84, s 84(3), s 84(3)(a), s 84(3)(a)(ii), s 84(3)(a)(iii), s 84(5), s 84(8), s 84(9), s 84(9)(b)

Cases cited: Anderson and Others v Queensland and Others (2011) 197 FCR 404; [2011] FCA 1158 Butterworth and Others v Queensland (2010) 184 FCR 397; [2010] FCA 325 Chubby on behalf of the Puutu Kunti Kurrama and Pinikura People v State of Western Australia [2015] FCA 964 Doolan on behalf of the Butchulla People Land and Sea Claim #2 v State of Queensland [2013] FCA 602 Edwards (on behalf of the Wongkumara People) v Queensland [2014] FCA 282 Elphick v Westfield Shopping Centre Management Company Pty Ltd [2011] NSWCA 356 Far West Coast Native Title Claim v South Australia and Others (No 2) (2012) 204 FCR 542; [2012] FCA 733 Hatfield (on behalf of the Darumbal People) v State of Queensland (No 2) [2013] FCA 1151 Isaacs on behalf of the Turrbal People v Queensland [2013] FCA 1004 Jacob v Western Australia [2014] FCA 1106 Pegler on behalf of the Widi People of the Nebo Estate #1 v State of Queensland [2014] FCA 932 Re Bubnich [1965] WAR 138 Roe and Another v Kimberley Land Council Aboriginal Corporation (2010) 188 FCR 533; [2010] FCA 993 Starkey and Others v South Australia and Others (2011) 193 FCR 450; [2011] FCA 456 Weribone and Others v Queensland and Others (2011) 197 FCR 397; [2011] FCA 1169 Western Australia v Ward and Others (2000) 99 FCR 316; [2000] FCA 191 Woosup on behalf of the Northern Cape York Group #1 v Queensland [2014] FCA 910