Federal Court of Australia
Federal Court of Australia
Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia (No 3) [2022] FCA 312 File number(s): WAD 490 of 2016 WAD 537 of 2018 WAD 538 of 2018
Judgment of: MORTIMER J
Date of judgment: 28 March 2022
Date of publication: 29 March 2022
Catchwords: NATIVE TITLE – joinder – where native title determined to exist and to be derived from the same traditional law and custom as adjoining determination area – where prescribed body corporate exists for adjoining area – where unclear whether the prescribed body corporate will consent to a nomination to hold the native title more recently determined – where State applied for joinder of the prescribed body corporate – joinder application granted PRACTICE AND PROCEDURE – application for joinder – application granted
Legislation: Native Title Act 1993 (Cth), s 56(2) Federal Court Rules 2011 (Cth), r 9.05(1)
Cases cited: Smirke on behalf of the Jurruru People v State of Western Australia (No 2) [2020] FCA 1728 Drury on behalf of the Nanda People v State of Western Australia [2020] FCAFC 69; 276 FCR 203 Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia (No 4) [2021] FCA 1497 Mulardy, on behalf of the Birriman-gan Native Title Claim Group v State of Western Australia (No 2) [2022] FCA 276
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