Federal Court of Australia
Federal Court of Australia
Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 5) [2023] FCA 1417 File number(s): WAD 647 of 2017
Judgment of: O'BRYAN J
Date of judgment: 16 November 2023
Catchwords: NATIVE TITLE – application for joinder under s 84(5) of the Native Title Act 1993 (Cth) (the Act) – where joinder applicant asserts native title rights and interests – where joinder applicant was a member of the Maduwongga claim group – where Maduwongga claim was summarily dismissed – whether joinder applicant has adduced evidence of native title rights and interests in the claim area – whether joinder in the interests of justice – application dismissed
Legislation: Native Title Act 1993 (Cth), ss 84(5), 85A
Cases cited: BrisConnections Finance Pty Ltd (Receivers and Managers Appointed) v Arup Pty Ltd (2017) 252 FCR 450 Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2023] FCA 930 Lewis on behalf of the Nyalpa Pirniku Native Title Claim Group v State of Western Australia [2023] FCA 1294 Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270
Division: General Division
Registry: Western Australia
National Practice Area: Native Title
Number of paragraphs: 62
Date of hearing: 10 November 2023
Counsel for the Applicant (WAD 647 of 2017): M Pudovskis
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