Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lander v State of South Australia [2016] FCA 307 File number: SAD 133 of 2014
Judge: WHITE J
Date of judgment: 30 March 2016
Catchwords: NATIVE TITLE – application for an order that certain respondents cease to be parties to the proceeding – where the respondents are members of the native title claim group – whether the respondents became parties to the proceedings by the operation of s 84(3) of the Native Title Act 1983 (Cth) – whether appropriate for them to remain as respondents in any event. Held: Respondents should be removed as parties as their interests are represented by the applicant and there is no need for separate representation.
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) s 166-5 Native Title Act 1993 (Cth) ss 61, 62A, 66B, 84, 203BE, 223, 225, 251B, 253
Cases cited: Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Butterworth on behalf of the Wiri Core Country Claim v State of Queensland [2010] FCA 325 Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 Chippendale on behalf of the Wuthathi People #2 v State of Queensland [2012] FCA 310 Commonwealth of Australia v Clifton [2007] FCAFC 190; (2007) 164 FCR 355 Davis-Hurst (On behalf of the Traditional Owners of Saltwater) v Minister for Land and Water Conservation (NSW) [2003] FCA 541; (2003) 198 ALR 315 Dieri People v State of South Australia [2003] FCA 187; (2003) 127 FCR 364 Drury on behalf of the Nanda People Native Title Claim Group v State of Western Australia [2016] FCA 52 Far West Coast Native Title Claim v State of South Australia [2012] FCA 733 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Kokatha Native Title Claim v South Australia [2005] FCA 836; (2005) 143 FCR 544 Kulkalgal People v State of Queensland [2003] FCA 163 Lander v State of South Australia [2012] FCA 427 Lander v State of South Australia [2014] FCA 125 Landers v State of South Australia [2003] FCA 264; (2003) 128 FCR 495 Moses v State of Western Australia [2007] FCAFC 78; (2007) 160 FCR 148 Munn v State of Queensland [2002] FCA 486 Starkey v State of South Australia [2011] FCA 456; (2011) 193 FCR 450
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