Federal Court of Australia
Federal Court of Australia
Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland [2023] FCA 615 File number(s): QUD 20 of 2019
Judgment of: COLLIER J
Date of judgment: 14 June 2023
Catchwords: NATIVE TITLE – application to be joined as a respondent party to a native title determination application pursuant to s 84(5) of the Native Title Act 1993 (Cth) – whether prospective joinder respondents are persons whose interest may be affected by a determination of native title – whether it is in the interests of justice to allow joinder – whether there has been adequate justification for delay – where existing parties will be prejudiced if joinder is allowed – exercise of discretion – application for joinder allowed subject to condition
Legislation: Native Title Act 1993 (Cth) ss 68 and 84(5)
Cases cited: Bell v State of Queensland [2020] FCA 695 Bonner on behalf of the Jagera People (No 2) v Queensland [2011] FCA 321 Bronwyn De Satge on behalf of the Butchulla People #2 v State of Queensland [2014] FCA 1132 Commonwealth of Australia v Clifton (2007) 164 FCR 355; [2007] FCAFC 190 Cronin on behalf of the Butchulla People (Land and Sea Claim #2) v State of Queensland [2019] FCA 2082 Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia [2023] FCA 529 Gamogab v Akiba (2007) 159 FCR 578; [2007] FCAFC 74 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 Kum Sing on behalf of the Mitakoodi People # 5 v State of Queensland (No 2) [2022] FCA 248 Moses v Western Australia (2007) 160 FCR 148; [2007] FCAFC 78 Sumner v State of South Australia [2014] FCA 534 Vea Vea on behalf of the Wadja People v State of Queensland [2020] FCA 405 Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (2007) 164 FCR 181; [2007] FCA 135
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