Federal Court of Australia
Federal Court of Australia
Wilson on behalf of the Wirangu People v South Australia [2022] FCA 829 File numbers: SAD 64 of 2022; SAD 65 of 2022; SAD 188 of 2016; SAD 63 of 2018; SAD 123 of 2019; SAD 228 of 2019; SAD 84 of 2021; SAD 185 of 2021
Judgment of: O'BRYAN J
Date of judgment: 19 July 2022
Catchwords: NATIVE TITLE – applications for joinder to multiple related proceedings under s 84(5) of the Native Title Act 1993 (Cth) – where there has been a significant delay in making the joinder applications – where applicants for joinder appeared to assert native title rights and interests as Barngarla people – where the Barngarla people had previously decided not to pursue a claim of native title rights and interests in certain of the subject claim areas – where the Barngarla people had previously been determined not to hold native title in one of the subject claim areas – no probative evidence capable of supporting a finding that the applicants for joinder have a prima facie interest in the proceedings – interests of justice do not favour joinder – applications for joinder dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M and 37N Native Title Act 1993 (Cth) ss 61, 63, 66, 84, 253 Native Title (Federal Court) Regulations 1998 (Cth) reg 6 Aboriginal Heritage Act 1988 (SA)
Cases cited: Allen on behalf of the Nyamal People #1 v State of Western Australia [2018] FCA 320 Barunga v Western Australia (No 2) [2011] FCA 755 Blackburn v Wagonga Local Aboriginal Land Council (2021) 287 FCR 1 Blucher on behalf of the Gaangalu Nation People v State of Queensland [2018] FCA 1369 Butterworth on behalf of Wiri Core Country Claim v State of Queensland (2010) 184 FCR 397 CG v Western Australia (2016) 240 FCR 466 Chippendale on behalf of Wuthathi People No 2 v Queensland [2012] FCA 310 Croft on behalf of the Barngarla Native Title Claim Group v South Australia [2015] FCA 9; 325 ALR 213 Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 Far West Coast Native Title Claim v South Australia (No 2) (2012) 204 FCR 542 Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1300 Gomeroi People v Attorney General of New South Wales [2013] FCA 81 Harkin on behalf of Nanatadjarra People v Western Australia [2020] FCA 1015 Isaacs on behalf of the Turrbal People v Queensland (No 2) [2011] FCA 942 Jacob v State of Western Australia [2014] FCA 1106 Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 Kum Sing on behalf of Mitakoodi People # 5 v State of Queensland (No 2) [2022] FCA 248 Lewis on behalf of the Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 2) [2021] FCA 1269 McNamara (Barngarla Southern Eyre Peninsula Native Title Claim) v State of South Australia [2020] FCA 1875 Munn (for and on behalf of the Gunggari People) v State of Queensland [2002] FCA 486 Sparrow v State of South Australia (Mirning Eastern Sea and Land Claim) [2021] FCA 1357 Starkey v South Australia (2011) 193 FCR 450 Sumner v South Australia [2014] FCA 534 TR (Decd) on behalf of Kariyarra - Pipingarra People v State of Western Australia [2016] FCA 1158 Wakka Wakka People #2 v Queensland [2005] FCA 1578 Weetra on behalf of the Nauo People v State of South Australia [2022] FCA 828 Worimi Local Aboriginal Land Council v Minister for Lands (NSW) (2007) 164 FCR 181
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