Antakirinja Matu-Yankunytjatjara Aboriginal Corporation RNTBC v State of South Australia [2023] FCA 1292

Federal Court of Australia

Antakirinja Matu-Yankunytjatjara Aboriginal Corporation RNTBC v State of South Australia [2023] FCA 1292 File number(s): SAD 61 of 2022

Judgment of: O'BRYAN J

Date of judgment: 26 October 2023

Catchwords: NATIVE TITLE – compensation claim made by prescribed body corporate – interlocutory application by non-party to file an amended "Form 5" (as prescribed by the Native Title (Federal Court) Regulations 1998 (Cth)) outside of period specified by s 84(3) of the Native Title Act 1993 (Cth) (NTA) – no power to make any such order – application treated as an application for joinder under s 84(5) of the NTA – where applicant for joinder asserts the existence of distinct rights and interests to the native title determination area arising from the Letters Patent issued by the Imperial Crown on 19 February 1836 – where applicant for joinder asserts that her consent was not sought or obtained before proceeding commenced – where applicant for joinder alleges dispute as to membership of prescribed body corporate – where applicant expresses concern over the distribution of any compensation awarded by the Court – interests of justice do not favour joinder – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 37N Native Title Act 1993 (Cth), ss 56, 57(2)-(3), 61, 66, 84, 94 Native Title (Federal Court) Regulations 1998 (Cth), reg 6 Native Title (Prescribed Body Corporate) Regulations 1999 (Cth), reg 9

Cases cited: Alvoen (on behalf of Wakaman People #3) v Queensland [2019] FCA 1469 Blackburn v Wagonga Local Aboriginal Land Council (2021) 287 FCR 1 Far West Coast Native Title Claim v State of South Australia (No 6) [2013] FCA 1270 Fejo v Northern Territory (1998) 195 CLR 96 Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia [2023] FCA 529 Harkin on behalf of Nanatadjarra People v Western Australia [2020] FCA 1015 Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 Isaacs on behalf of the Turrbal People v Queensland (No 2) [2011] FCA 942 Kum Sing on behalf of Mitakoodi People # 5 v State of Queensland (No 2) [2022] FCA 248 Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474 Lewis on behalf of the Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 2) [2021] FCA 1269 Mabo v State of Queensland (No 2) (1992) 175 CLR 1 Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 Miller v South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 Starkey v South Australia (2011) 193 FCR 450 Walker v South Australia (No 2) (2013) 215 FCR 254