Saunders on Behalf of the Bigambul People v State of Queensland [2020] FCA 563

FEDERAL COURT OF AUSTRALIA

Saunders on Behalf of the Bigambul People v State of Queensland [2020] FCA 563 File number: QUD 784 of 2019

Judge: RANGIAH J

Date of judgment: 30 April 2020

Catchwords: NATIVE TITLE – application for joinder – whether representative Aboriginal/Torres Strait Islander Body is already a party under s 84(3)(a) of the Native Title Act 1993 (Cth) – whether a prescribed body corporate is already a party under s 84(3)(a) – whether individual native title holders are already a party under s 84(3)(a) – whether individual native title holders should be joined under s 84(5) – whether s 84C allows joinder application to be considered before strike-out application – where consideration of procedural issues involved in the strike-out application is sufficient consideration for the purposes of s 84C – applications for joinder allowed PRACTICE AND PROCEDURE – application by applicant for adjournment of strike-out application – where virtual hearing proposed in circumstances of COVID-19 pandemic – where there are difficulties in contacting the applicant – consideration of relevant issues

Legislation: Federal Court of Australia Act 1976 (Cth) ss 4, 37N and 37M Native Title Act 1993 (Cth) ss 56, 57(1), 61(1), 66, 83A, 84, 84C, 84D(1), 224(1) and 225 Federal Court Rules 2011 (Cth) r 34.104