Federal Court of Australia
Federal Court of Australia
Braun on behalf of the Jirrbal People #4 v State of Queensland [2023] FCA 306 File number(s): QUD 983 of 2015
Judgment of: SARAH C DERRINGTON J
Date of judgment: 24 March 2023
Catchwords: NATIVE TITLE – application to be joined as a party to a native title proceeding pursuant to s 84(5) of the Native Title Act 1993 (Cth) – whether applicant's interests may be affected by determination of native title – whether it is in the interests of justice to allow joinder – application dismissed
Legislation: Native Title Act 1993 (Cth) s 84(5) Federal Court Rules 2011 (Cth) r 34.105
Cases cited: Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Byron Environmental Care Inc v Arakwal People [1997] FCA 797; 78 FCR 1 Commonwealth of Australia v Clifton [2007] FCAFC 190; 164 FCR 355 Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 Gunaikurnai People Native Title Claim Group v State of Victoria [2018] FCA 23 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Lake Torrens Overlap Proceedings (No 3) [2016] FCA 899 Malthouse on behalf of the Bar Barrum People v State of Queensland [2016] FCA 692 Starkey v South Australia [2018] FCAFC 36; 261 FCR 143 Thompson v Palmer (1933) 49 CLR 507 Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422
Division: General Division
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