Forrest on behalf of the Nangaanya-ku Native Title Claim Group v State of Western Australia [2021] FCA 467

Federal Court of Australia

Forrest on behalf of the Nangaanya-ku Native Title Claim Group v State of Western Australia [2021] FCA 467 File number: WAD 460 of 2018

Judgment of: GRIFFITHS J

Date of judgment: 6 May 2021

Catchwords: NATIVE TITLE – three interlocutory applications for joinder as respondent parties to a s 61 native title application – whether the proposed respondent parties should be joined to the proceeding pursuant to s 84(5) of the Native Title Act 1993 (Cth) – "interests of justice" to be assessed in particular circumstances of this case – interlocutory applications dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2) Native Title Act 1993 (Cth) ss 61, 62, 84(5), 84C(1), 85A(1), 225, 251B Federal Court Rules 2011 (Cth) r 34.105

Cases cited: Alvoen on behalf of the Wakaman People #3 v State of Queensland [2019] FCA 1469 Bell on behalf of the Wakka Wakka People #4 v State of Queensland [2020] FCA 695 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (Port Augusta Proceeding) [2020] FCA 888 De Rose v State of South Australia [2002] FCA 1342 Harkin on behalf of the Nanatadjarra People v State of Western Australia [2020] FCA 1015 Harkin on behalf of the Nanatadjarra People v State of Western Australia (No 2) [2021] FCA 3 Kokatha Native Title Claim v South Australia [2005] FCA 836; 143 FCR 544 Malone v State of Queensland [2019] FCA 2115 Rubibi v The State of Western Australia [2002] FCA 876; 120 FCR 512 Starkey v State of South Australia [2014] FCA 924 TR (deceased) on behalf of the Kariyarra-Pipingarra People v State of Western Australia [2016] FCA 1158