Lewis on behalf of the Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 2) [2021] FCA 1269

Federal Court of Australia

Lewis on behalf of the Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 2) [2021] FCA 1269 File number(s): NSD 857 of 2017

Judgment of: GRIFFITHS J

Date of judgment: 20 October 2021

Catchwords: NATIVE TITLE – interlocutory application by two Indigenous respondents seeking removal of another Indigenous respondent in s 61 proceeding – interlocutory application disputes apical ancestry of Indigenous respondent – whether Indigenous respondent has prima facie native title rights and interests in claim area – whether in interests of justice to remove Indigenous respondent – native title determination an order in rem – where Indigenous respondent played active role in proceedings and mediation and has not caused delay – interlocutory application dismissed NATIVE TITLE – interlocutory application by two Indigenous respondents to be joined to Court ordered mediation – where Indigenous respondents were previously parties to Court ordered mediation but voluntarily withdrew – whether joinder to mediation would be inimical to purpose of mediation under s 86B(5) of the Native Title Act 1993 (Cth) – interlocutory application upheld

Legislation: Native Title Act 1993 (Cth) ss 84(3), 84(5), 84(8), 84(9), 86A, 86B(5)

Cases cited: Alvoen (on behalf of Wakaman People #3) v State of Queensland [2019] FCA 1469 Butterworth on behalf of the Wiri Core Country Claim v State of Queensland [2010] FCA 325; 184 FCR 397 Cheinmora v Western Australia [2013] FCA 727 Lewis on behalf of the Warrabinga-Wiradjuri #6 v Attorney-General of NSW [2018] FCA 481 Miller v South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 Starkey v State of South Australia [2011] FCA 456; 193 FCR 450 TR (Dec'd) on behalf of the Kariyarra – Pipingarra People) v Western Australia [2016] FCA 1158