Stock on behalf of the Nyiyaparli People v State of Western Australia (No 4) [2018] FCA 1370

FEDERAL COURT OF AUSTRALIA

Stock on behalf of the Nyiyaparli People v State of Western Australia (No 4) [2018] FCA 1370 File number: WAD 6280 of 1998

Judge: BARKER J

Date of judgment: 4 September 2018

Catchwords: NATIVE TITLE – interlocutory application to be joined as a party to claimant proceeding under the Native Title Act 1993 (Cth) – where consent determination programmed for less than one month away – where proposal to split claim area into two parts – where not in interests of justice for interlocutory applicants to be joined – interlocutory application dismissed

Legislation: Native Title Act 1993 (Cth) ss 29, 84(5), 203BB(4)

Cases cited: Banjima People v State of Western Australia (No 3) [2014] FCA 201 Banjima People v Western Australia and Others (No 2) (2013) 305 ALR 1; [2013] FCA 868 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Davis-Hurst (on behalf of the traditional owners of Saltwater) v Minister for Land and Water Conservation (NSW) and Others (2003) 198 ALR 315; [2003] FCA 541 Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Kokatha Native Title Claim v South Australia and Others (2005) 143 FCR 544; [2005] FCA 836 Munn v Queensland [2002] FCA 486 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 Warrie (formerly TJ) (on behalf of the Yindjibarndi People) v State of Western Australia [2017] FCA 803 Worimi Local Aboriginal Land Council v Minister for Lands (NSW) and Another (2007) 164 FCR 181; [2007] FCA 1357