Birrell on behalf of the Koongie-Elvire Native Title Claim Group v State of Western Australia [2022] FCA 1362

Federal Court of Australia

Birrell on behalf of the Koongie-Elvire Native Title Claim Group v State of Western Australia [2022] FCA 1362 File number: WAD 45 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 14 November 2022

Date of publication of reasons: 15 November 2022

Catchwords: NATIVE TITLE - urgent interlocutory application by members of native title claim group to be joined as respondents - discretion under s 84(5) of Native Title Act 1993 (Cth) - where interlocutory applicant raised concerns with potential variations to the ancestors identified in claim - where some identified ancestors not referred to in notice of meeting - where joinder applicants unable despite request to obtain information as to risk of variation to claim group description - where preservation evidence hearing pending - where case management had anticipated potential for different claimants to have different legal representation and be heard - application allowed

Legislation: Native Title Act 1993 (Cth) s 84

Cases cited: Edward Landers v State of South Australia [2003] FCA 264; (2003) 128 FCR 495 Harkin on behalf of the Nanatadjarra People v State of Western Australia [2020] FCA 1015 Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 Hoolihan on behalf of the Gugu Badhun People #3 v State of Queensland [20122] FCA 965 Miller v State of South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 Widjabul Wia-bal v Attorney General of New South Wales [2022] FCA 1187 Wilson on behalf of the Wirangu People v State of South Australia [2022] FCA 829