Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kum Sing on behalf of the Mitakoodi People # 5 v State of Queensland (No 2) [2022] FCA 248 File number(s): QUD 556 of 2015
Judgment of: PERRY J
Date of judgment: 24 February 2022
Date of publication of reasons: 21 March 2022
Catchwords: NATIVE TITLE – application for joinder as a respondent party to native title determination application – where joinder applicant claims to hold native title rights and interests in the claim area by reason of her apical ancestor – where joinder applicant is presently excluded from the native title claim group because her apical ancestor is not among those listed in the native title determination application – whether joinder applicant has established a prima facie case to hold native title through her apical ancestor – where evidence of resolution not to include the joinder applicant and her family in the claim group was passed by majority of members of the claim group at a meeting – where no evidence that the resolution of the joinder applicant's claim by majority vote accorded with traditional laws and customs for the recognition of members of the native title group – where joinder applicant's interests would be adversely affected if joinder were refused – where it is in the interests of justice to allow the application for joinder – application granted
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Native Title Act 1993 (Cth) ss 61(1), 66(10), 68, 84(5) Federal Court Rules 2011 (Cth) r 35.13(b)
Cases cited: Aplin on behalf of the Waanyi Peoples v State of Queensland [2010] FCA 625 Blucher on behalf of the Gaangalu Nation People v State of Queensland [2018] FCA 1369 Chippendale on behalf of the Wuthathi People #2 v State of Queensland [2012] FCA 310 Gamogab v Akiba [2007] FCAFC 74; (2007) 159 FCR 578 Kokatha Native Title Claim v South Australia [2005] FCA 836; (2005) 143 FCR 544 Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) [2019] FCA 2115 Risk v National Native Title Tribunal [2000] FCA 1589 Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 1) [2021] FCA 1463 Wakka Wakka People #2 v State of Queensland [2005] FCA 1578
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