Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eagles on behalf of the combined Thiin-Mah Warriyangka, Tharrkari and Jiwarli People v State of Western Australia (No 2) [2018] FCA 898 File number: WAD 464 of 2016
Judge: BARKER J
Date of judgment: 14 June 2018
Catchwords: NATIVE TITLE – interlocutory application to be joined as a respondent in claimant application made under the Native Title Act 1993 (Cth) – where joinder application of registered native title body corporate for a different native title determination area previously dismissed – where joinder applicant is a member of the applicant – whether it is in the interests of justice that he be joined as a respondent – where a question of abuse of process does not self-evidently arise – where an issue of whether the effect of the claim group description was properly understood is not of present relevance – no sufficient interest to justify individual claim group member being joined as respondent – interlocutory application dismissed
Legislation: Native Title Act 1993 (Cth) ss 62A, 66B, 251B
Cases cited: Aplin on behalf of the Waanyi People v State of Queensland [2010] FCA 625 Chubby on behalf of the Puutu Kunti Kurrama and Pinikura People v State of Western Australia [2015] FCA 964 Drury v Western Australia and Others (2016) 244 FCR 294; [2016] FCA 52 Eagles on behalf of the combined Thiin-Mah Warriyangka, Tharrkari and Jiwarli People v State of Western Australia [2018] FCA 442 Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 Gordon (on behalf of the Kariyarra Native Title Claim Group) v State of Western Australia [2018] FCA 430 Miller v State of South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109; [2001] FCA 1229 Starkey and Others v South Australia and Others (2011) 193 FCR 450; [2011] FCA 456 Thudgari People v State of Western Australia [2009] FCA 1334 TJ (on behalf of the Yindjibarndi People) v State of Western Australia [2016] FCA 553 TR (Deceased) on behalf of the Kariyarra-Pipingarra People v State of Western Australia [2016] FCA 1158
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