Blucher on behalf of the Gaangalu Nation People v State of Queensland [2018] FCA 1369

FEDERAL COURT OF AUSTRALIA

Blucher on behalf of the Gaangalu Nation People v State of Queensland [2018] FCA 1369 File number: QUD 400 of 2012

Judge: RANGIAH J

Date of judgment: 6 September 2018

Catchwords: NATIVE TITLE – application for joinder as respondent to a native title determination application – where applicant was previously a respondent in the proceedings – where the applicant seeks to rejoin the proceedings – no satisfactory explanation for conduct – whether there is potential prejudice and disruption to other parties – interests of applicant for joinder

Legislation: Native Title Act 1993 (Cth) ss 13, 61, 68, 84(3)(b), 84(5), 84(8), 190A(6B), 213, 225, Pt 3

Cases cited: A.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 2) [2013] FCA 1000 Anderson on behalf of the Warrabal People v State of Queensland [2018] FCA 1365 Barunga v State of Western Australia (No 2) [2011] FCA 755 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Brooks on behalf of the Mamu People v State of Queensland (No 2) [2013] FCA 557 Brooks on behalf of the Mamu People v State of Queensland (No 3) [2013] FCA 741 Commonwealth v Clifton (2007) 164 FCR 355 Gamogab v Akiba (2007) 159 FCR 578 Holborow v State of Western Australia [2009] FCA 1200 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Jacob v State of Western Australia [2014] FCA 1106 Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 Lander v State of South Australia [2016] FCA 307 Moses v Western Australia (2007) 160 FCR 148 Munn v State of Queensland [2002] FCA 486 Stock on behalf of the Nyiyaparli People v State of Western Australia (No 4) [2018] FCA 1370 Wakka Wakka People #2 v State of Queensland [2005] FCA 1578 Worimi Local Aboriginal Land Council v Minister for Lands (NSW) (2007) 164 FCR 181