Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (Port Augusta Proceeding) [2020] FCA 888

FEDERAL COURT OF AUSTRALIA

Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (Port Augusta Proceeding) [2020] FCA 888 File numbers: SAD 6011 of 1998 SAD 6012 of 1998

Judge: CHARLESWORTH J

Date of judgment: 25 June 2020

Catchwords: NATIVE TITLE – applications to be joined as a respondent in two native title proceedings pursuant to s 84(5) of the Native Title Act 1993 (Cth) – applicant formerly a member of a claim group in a native title determination application in respect of the same area – where the former native title determination application was summarily dismissed – where joinder applicant asserted his interests may be affected by determinations of native title made in favour of other Aboriginal groups – whether the assertion of native title rights and interests under s 84(5) constitutes an abuse of process – where applicant asserted non-native title interests in his capacity as a senior law man having custodial responsibilities for sites in the area – where cultural and heritage interests not derived from or dependent upon the existence of native title – where one proceeding includes an application for a determination of native title in exclusive terms – whether a determination of native title in exclusive terms may demonstrably affect the joinder applicant's interests – whether it is in the interests of justice to join the applicant in that proceeding – where another proceeding includes no application for a determination of exclusive native title – whether joinder applicant's asserted interest may be affected by the non-exclusive determination – application for joinder allowed in one proceeding, but disallowed in the other