Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clancy on behalf of the Wulli Wulli People #2 v State of Queensland [2017] FCA 869 File number: QUD 311 of 2011
Judge: COLLIER J
Date of judgment: 1 August 2017
Catchwords: NATIVE TITLE – joinder – interlocutory application to join a party to the proceedings – s 84(5) Native Title Act 1993 (Cth) – where party is statutory representative body under s 203AD Native Title Act 1993 (Cth) – where interlocutory application opposed by applicant in proceedings – whether party has interest in the proceedings – whether interest may be affected by determination – whether in the interests of justice for Court to exercise its discretion – whether a limitation be placed on joinder – application allowed
Legislation: Native Title Act 1993 (Cth) Pt 11 Div 3, ss 84(5), 203AD, 203BB(2), 203BC, 203FE
Cases cited: Bisset v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 365 Cheinmora v State of Western Australia [2013] FCA 727 Connelly on behalf of the Mitakoodi and Mayi People #1 v State of Queensland [2009] FCA 1181 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 Gale v New South Wales Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 972 Gomeroi People v Attorney General of New South Wales [2013] FCA 81 Hunter v State of South Australia [2016] FCA 779 Kooma People v State of Queensland [2002] FCA 86 Malthouse on behalf of the Bar Barrum People #6 v State of Queensland [2016] FCA 692 MT (deceased) v State of Western Australia [2013] FCA 1302 Munn v State of Queensland [2002] FCA 78 Simms v Minister Land and Water Conservation (NSW) (2002) 193 ALR 257; [2002] FCA 15 Sumner v State of South Australia [2014] FCA 534 TJ (on behalf of the Yindjibarndi People) v State of Western Australia [2016] FCA 553 Woodridge v Minister for Land and Water Conservation (NSW) (2002) 122 FCR 190; [2002] FCA 1109 Worimi Land Council v Minister for Lands (NSW) [2007] FCA 1357; (2007) 164 FCR 181
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