Federal Court of Australia
Federal Court of Australia
Fourmile on behalf of Gimuy Walubara Yidinji People v State of Queensland (No 2) [2023] FCA 1202 File number(s): QUD 23 of 2019
Judgment of: SARAH C DERRINGTON J
Date of judgment: 11 October 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 joinder 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: Federal Court of Australia Act 1976 (Cth) s 54A Native Title Act 1993 (Cth) ss 13(1), 61, 84(5), 251B Federal Court Rules 2011 (Cth) rr 28.61, 28.67, 34.105
Cases cited: Braun on behalf of the Jirrbal People #4 v State of Queensland [2023] FCA 306 Buckley v Bennell Design & Construction Pty Ltd (1978) 140 CLR 1 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 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340 Singleton on behalf of the Yirrganydji Peoples v State of Queensland [2021] FCA 316 Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422
Division: General Division
Registry: Queensland
National Practice Area: Native Title
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