Forrest on behalf of the Nangaanya-ku Native Title Claim Group (Part B) v State of Western Australia [2022] FCA 1356

Federal Court of Australia

Forrest on behalf of the Nangaanya-ku Native Title Claim Group (Part B) v State of Western Australia [2022] FCA 1356 File number: WAD 460 of 2018

Judgment of: JACKSON J

Date of judgment: 15 November 2022

Catchwords: NATIVE TITLE - application for joinder as respondent parties - ancillary orders sought including 'independent review' of Part A native title determination and disclosure of documents - principles governing joinder applications - principles applicable to abuse of process - joinder not in the interests of justice - misconception about effect of Part A determination - joinder application inconsistent with Part A determination - disputes raised by joinder applicants intra-mural - no basis to order 'independent review' of Part A determination - no basis for disclosure of documents - application dismissed

Legislation: Native Title Act 1993 (Cth) ss 13, 47B, 61, 84C, 251B Federal Court Rules 2011 (Cth) r 2.25

Cases cited: Evans on behalf of the Yarla-Gu Bunna Nangatjara People v State of Western Australia [2021] FCA 1382 Forrest on behalf of the Nangaanya-ku Native Title Claim Group v State of Western Australia [2021] FCA 467 Forrest on behalf of the Nangaanya-ku Native Title Claim Group (Part A) v State of Western Australia [2021] FCA 1489 Harkin on behalf of the Nanatadjarra People v State of Western Australia [2020] FCA 1015 Harkin on behalf of the Nanatadjarra People v State of Western Australia (No 2) [2021] FCA 3 Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31