Widjabul Wia-bal v Attorney General of New South Wales [2022] FCA 1187

Federal Court of Australia

Widjabul Wia-bal v Attorney General of New South Wales [2022] FCA 1187 File number: NSD 1213 of 2018

Judgment of: JAGOT J

Date of judgment: 30 September 2022

Date of publication of reasons: 5 October 2022

Catchwords: NATIVE TITLE — interlocutory application by member of native title claim group to be joined as respondent — discretion under s 84(5) of Native Title Act 1993 (Cth) —where interlocutory applicant raised concerns with apical ancestors identified in claim and process of determination — where claim group decision on ancestors since 2013 — prejudice would arise from further delay of consent determination— interests of justice require claim group to have opportunity for consent determination in 2022 — interlocutory application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Native Title Act 1993 (Cth) ss 47B, 66B, 84(5), 87, 87A, 253

Cases cited: Barkandji Traditional Owners #8 v Attorney-General of New South Wales [2015] FCA 604 Bidjara People (No 2) v State of Queensland [2003] FCA 324 Gumana v Northern Territory of Australia [2005] FCA 50; (2005) 141 FCR 457 Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 Landers v State of South Australia [2003] FCA 264; (2003) 128 FCR 495 Munn (for and on behalf of the Gunggari People) v State of Queensland [2001] FCA 1229; (2001) 115 FCR 109 TR (Deceased) on behalf of the Kariyarra-Pipingarra People v State of Western Australia [2016] FCA 1158 Widjabul Wia-Bal v Attorney General of New South Wales [2020] FCAFC 34; (2020) 274 FCR 577 Wilson on behalf of the Wirangu People v South Australia [2022] FCA 829