Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114

Federal Court of Australia

Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 File number: WAD 142 of 2018

Judgment of: BROMBERG J

Date of judgment: 16 February 2022

Catchwords: NATIVE TITLE – applications for joinder under s 84(5) of the Native Title Act 1993 (Cth) – consideration of Commonwealth of Australia v Clifton (2007) 164 FCR 355 – where joinder applicants claim to be members of the claim group and not a separate group – consideration of s 84(5) elements – whether joinder applicants have an interest – whether interest may be affected by a determination of native title – whether causative link between interest and prospective determination sufficient – whether interests of justice support joinder – nature of dispute sought to be agitated by the joinder discussed – whether dispute an intramural membership dispute or a dispute as to the criteria for membership of native title holding group – preference for intramural membership dispute to be dealt with by claim group or prescribed body corporate – availability of post-determination curial remedies for resolving membership dispute discussed including under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) – whether joinder would cause significant prejudice to the native title applicant and claim group – applications dismissed

Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) ss 141-25, 144-10, 576-25, 581-30, 586-1, 586-5, 700‑1 Judiciary Act 1903 (Cth) s 39B Native Title Act 1993 (Cth) ss 13, 56, 84, 225, 251B Native Title Legislation Amendment Act 2021 (Cth)