Agius v State of South Australia (Ngarrindjeri Native Title Claim Parts A and B) [2017] FCA 1162

FEDERAL COURT OF AUSTRALIA

Agius v State of South Australia (Ngarrindjeri Native Title Claim Parts A and B) [2017] FCA 1162 File number: SAD 6027 of 1998

Judge: WHITE J

Date of judgment: 20 September 2017

Catchwords: NATIVE TITLE – application to be joined as respondent – whether Prospective Respondent has an interest of the requisite kind – whether in the interests of justice to join party – native title application filed 19 years ago – conduct of Prospective Respondent – prejudice to Applicants – application refused.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Native Title Act 1958 (Cth) ss 67, 84(5)

Cases cited: Akiba v Queensland (No 2) [2006] FCA 1173; (2006) 154 FCR 513 Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 Chippendale on behalf of the Wuthathi People #2 v State of Queensland [2012] FCA 310 Dale v State of Western Australia [2011] FCAFC 46; (2011) 191 FCR 521 Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 Sumner v State of South Australia [2014] FCA 534 Wakka Wakka People (No 2) v State of Queensland [2005] FCA 1578 Worimi Local Aboriginal Land Council v Minister for Lands (NSW) [2007] FCA 1357; (2007) 164 FCR 181 Wik Peoples v Queensland (1994) 49 FCR 1 Wilson on behalf of the Bandjalang People v Department of Land and Water Conservation [2003] FCA 307