Evans on behalf of the Yarla-Gu Bunna Nangatjara People v State of Western Australia [2021] FCA 1382

Federal Court of Australia

Evans on behalf of the Yarla-Gu Bunna Nangatjara People v State of Western Australia [2021] FCA 1382 File number(s): WAD 213 of 2021

Judgment of: GRIFFITHS J

Date of judgment: 10 November 2021

Catchwords: NATIVE TITLE – interlocutory application seeking joinder as respondent and summary dismissal or strike out of a s 61 native title determination application – where joinder warranted given interlocutory applicant's overlapping native title claim – whether overlapping native title claim should be struck out under s 84C(1) of the Native Title Act 1993 (Cth) (NT Act) for want of authorisation – where s 61 applicant's evidence on authorisation inconsistent concerning requirements of s 251 of NT Act – no reasonable prospects of establishing native title claim was properly authorised – whether native title claim should be summarily dismissed for abuse of process – where consent determination imminent in overlapping claim save for a limited trial on s 47B issues – where s 61 applicant involved in previous unsuccessful native title claims and interlocutory applications involving the overlapping claim – where State satisfied overlapping claim is capable of being supported by connection evidence and considers latest native title claim to be unmeritorious – native title claim filed at late stage to disrupt finalisation of overlapping claim – native title claim summarily dismissed and/or struck out

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2) Native Title Act 1993 (Cth) ss 47B, 61, 62, 66B, 84C, 84D, 203BE(2)(a), 251B