Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1300

FEDERAL COURT OF AUSTRALIA

Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1300 File number: QUD 19 of 2019

Judge: REEVES J

Date of judgment: 16 August 2019

Catchwords: NATIVE TITLE – application under s 84(5) of the Native Title Act 1993 (Cth) (NTA) to become a respondent party to the proceeding – whether the interlocutory applicant demonstrated sufficient interest for the purposes of s 84(5) of the NTA – whether the interlocutory applicant's interest may be affected by a determination of native title – whether it is in the interests of justice for the interlocutory applicant to be joined as a party to this proceeding – application dismissed

Legislation: Native Title Act 1993 (Cth)

Cases cited: Allen on behalf of the Nyamal People #1 v State of Western Australia [2018] FCA 320 Barunga v State of Western Australia (No 2) [2011] FCA 755 Blucher on behalf of the Gaangalu Nation People v State of Queensland [2018] FCA 1369 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Chippendale on behalf of the Wuthathi People #2 v State of Queensland [2012] FCA 310 Davis-Hurst (on behalf of the traditional owners of Saltwater) v Minister for Land and Water Conservation (NSW) (2003) 198 ALR 315; [2003] FCA 541 Jacob v State of Western Australia [2014] FCA 1106 Kokatha Native Title Claim v South Australia (2005) 143 FCR 544; [2005] FCA 836 Munn v State of Queensland [2002] FCA 486 Sumner v State of South Australia [2014] FCA 534 Worimi Local Aboriginal Land Council v Minister for Lands (NSW) (2007) 164 FCR 181; [2007] FCA 1357