Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 2) [2023] FCA 1060

Federal Court of Australia

Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 2) [2023] FCA 1060 File number(s): WAD 647 of 2017

Judgment of: O'BRYAN J

Date of judgment: 5 September 2023

Date of publication of reasons: 7 September 2023

Catchwords: NATIVE TITLE – application by native title service provider to broaden the scope of its participation as a party to the proceeding – native title service provider funded to perform the functions of a representative body under Pt 11 of the Native Title Act 1993 (Cth) (the Act) – consideration of the statutory functions of a representative body – consideration of the roles and responsibilities of a representative body as a party to a native title proceeding – application dismissed PRACTICE AND PROCEDURE – application by native title service provider to vacate trial dates to enable further engagement with persons who claim to hold different native title rights and interests in part of the claim area – native title service provider funded to perform the functions of a representative body under Pt 11 of the Act – application not in the interests of justice and will cause unfair prejudice to the applicant and the State of Western Australia – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 37N Native Title Act 1993 (Cth), ss 66, 84, 85A(2), Pt 11, ss 203FE, 203BA(2)(c)(iii), 203BA, 203BB, 203BC(1), 203BJ

Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Bissett v Minister for Land and Water Conservation (NSW) [2002] FCA 365 Brierley on behalf of the Walbunja People v Minister for Land & Water Conservation (NSW) [2002] FCA 1209 Clancy on behalf of the Wulli Wulli People #2 v State of Queensland [2017] FCA 869 Connelly on behalf of the Mitakoodi and Mayi People (No 1) [2009] FCA 1181 Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2023] FCA 930 Edwards on behalf of the Wongkumara People v State of Queensland [2014] FCA 282 Gale v New South Wales Minister for Land & Water Conservation [2002] FCA 972 Goldfields Land and Sea Council Aboriginal Corporation v Minister for Indigenous Affairs [2019] FCA 2010 Hearne v Street (2008) 235 CLR 125 Home Office v Harman [1983] 1 AC 280 Kemppi v Adani Mining Pty Ltd (No 2) (2019) 271 FCR 423 Kemppi v Adani Mining Pty Ltd (No 4) [2018] FCA 1245; 360 ALR 697 Kooma People v State of Queensland [2002] FCA 86 McCarthy on behalf of the Yuggera Ugarapul Applicant v State of Queensland [2020] FCA 1448 Munn (on behalf of the Gunggari People) v State of Queensland [2002] FCA 78 Quall v Northern Land Council [2018] FCA 989 Simms v Minister for Land and Water Conservation [2002] FCA 15; 193 ALR 257 Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270 Stuart v State of South Australia [2023] FCAFC 131 Woodridge on behalf of the Gomilaroi People v Minister for Land and Water Conservation (NSW) (2002) 122 FCR 190