Federal Court of Australia
Federal Court of Australia
Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia [2023] FCA 529 File number: WAD 297 of 2020
Judgment of: BROMBERG J
Date of judgment: 30 May 2023
Catchwords: NATIVE TITLE – applications for joinder under s 84(5) of the Native Title Act 1993 (Cth) – consideration of s 84(5) elements – whether joinder applicant has an interest – whether interest may be affected by a determination of native title – whether interests of justice support joinder – preference for intramural membership dispute to be dealt with by claim group – applications dismissed
Legislation: Native Title Act 1993 (Cth)
Cases cited: Agius v South Australia (Ngarrindjeri Native Title Claim Parts A and B) [2017] FCA 1162 Banjima People v State of Western Australia (No 2) [2013] FCA 868 Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717 Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 Starkey v South Australia (2011) 193 FCR 450 Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270 Sumner v State of South Australia [2014] FCA 534 TR (Deceased) on behalf of the Kariyarra – Pipingarra People v State of Western Australia [2016] FCA 1158
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