Bell on behalf of the Wakka Wakka People #4 v State of Queensland [2020] FCA 695

FEDERAL COURT OF AUSTRALIA

Bell on behalf of the Wakka Wakka People #4 v State of Queensland [2020] FCA 695 File number: QUD 277 of 2019

Judge: RANGIAH J

Date of judgment: 25 May 2020

Catchwords: NATIVE TITLE – application to be joined as a party to a native title proceeding pursuant to s 84(5) of the Native Title Act 1993 (Cth) – whether applicants are persons whose interests may be affected by determination of native title – whether it is in the interests of justice to allow joinder – application for joinder allowed in part, with conditions

Legislation: Native Title Act 1993 (Cth) ss 84(5) and 253

Cases cited: Alvoen on behalf of the Wakaman People #3 v State of Queensland [2019] FCA 1469 Byron Environment Centre Incorporated v Arakwal People (1997) 78 FCR 1 Combined Dulabed & Malanbarra/Yidinji Peoples v State of Queensland (2005) 214 ALR 306; [2004] FCA 1632 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2017] FCAFC 50 Gamogab v Akiba (2007) 159 FCR 578 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Kulkalgal People v State of Queensland [2003] FCA 163 Miller v State of South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 Northern Territory v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group (2005) 145 FCR 442 Starkey v State of South Australia (2011) 193 FCR 450 TR (deceased) on behalf of the Kariyarra-Pipingarra People v State of Western Australia [2016] FCA 1158 Wakka Wakka People #2 v State of Queensland [2005] FCA 1578 Woodridge v Minister for Land and Water Conservation for the State of New South Wales (2001) 108 FCR 527