Federal Court of Australia
Federal Court of Australia
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 1) [2021] FCA 1463 File number(s): QUD 673 of 2014
Judgment of: MORTIMER J
Date of judgment: 23 November 2021
Date of publication of judgment: 24 November 2021
Catchwords: NATIVE TITLE – interlocutory applications for joinder – applications made only days before scheduled consent determinations – where joinder applicants are claim group members and an existing RNTBC – failure to prove that interests are affected in a way justifying joinder – applications refused – direction for minor amendments to wording in two schedules of proposed consent determinations notwithstanding refusal of interlocutory applications
Legislation: Native Title Act 1993 (Cth) s 84(5), s 87A
Cases cited: Lawson on behalf of Badimaya Barna Guda People v Western Australia [2020] FCA 104 Sturt on Behalf of the Jaru Native Title Claim v Western Australia [2018] FCA 1923
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 92
Date of hearing: 22 November 2021
Counsel for the Applicants: Mr D O'Gorman SC with Mr D Yarrow
Solicitor for the Applicants: Cape York Land Council Aboriginal Corporation
Counsel for the First Respondent: Ms N Kidson QC with Ms C Klease
Solicitor for the First Respondent: Crown Law Queensland
Solicitor for the Second Respondent: Australian Government Solicitor
Solicitor for the Eleventh Respondent: Holding Redlich
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