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 (No 2) [2024] FCA 385 File number(s): QUD 20 of 2019
Judgment of: COLLIER J
Date of judgment: 18 April 2024
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 joinder applicant is person whose interest may be affected by determination of native title – whether joinder applicant acting in representative capacity - whether in interests of justice to allow joinder – whether adequate justification for delay – where existing parties prejudiced if joinder allowed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Native Title Act 1993 (Cth) ss 68, 84(5), 87A, 203BB
Cases cited: Bell on behalf of the Wakka Wakka People #3 v State of Queensland (No 2) [2022] FCA 370 Bell on behalf of the Wakka Wakka People #4 v State of Queensland (No 2) [2022] FCA 371 Bell on behalf of the Wakka Wakka People #4 v State of Queensland (No 3) [2023] FCA 1114 Blackburn v Wagonga Local Aboriginal Land Council [2021] FCAFC 210; (2021) 287 FCR 1 Blucher on behalf of the Gaangalu Nation People [2018] FCA 1369 Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2023] FCA 930 Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland [2023] FCA 615 Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia [2023] FCA 529 Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 Hoolihan on behalf of the Gugu Badhun People #3 and State Minister for the State of Queensland (No 2) [2023] FCA 1589 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Vea Vea on behalf of the Wadja People v State of Queensland [2020] FCA 405
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