Dallachy on behalf of the Barada Kabalbara and Yetimarala People v State of Queensland [2024] FCA 444

Federal Court of Australia

Dallachy on behalf of the Barada Kabalbara and Yetimarala People v State of Queensland [2024] FCA 444 File number(s): QUD 13 of 2019 QUD 15 of 2019

Judgment of: SARAH C DERRINGTON J

Date of judgment: 2 May 2024

Catchwords: NATIVE TITLE – application for joinder to native title determination under s 84(5) of the Native Title Act 1993 (Cth) – where applicant already member of claim group – where applicant required to demonstrate interest different from claim group as a whole – whether applicant's asserted interest is sufficient to be joined PRACTICE AND PROCEDURE – application for joinder – delay in bringing application – whether despite failure to demonstrate interest sufficient for joinder, other matters would have supported joinder in the interests of justice – prevailing obligations under ss 37M and 37N of the Federal Court Act 1976 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Native Title Act 1993 (Cth) ss 84(5), 225 Federal Court Rules 2011 (Cth) r 34.105

Cases cited: A. D. (Deceased) on behalf of the Mirning People v State of Western Australia (No 2) [2013] FCA 1000 Anderson on behalf of the Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland [2019] FCA 1886 Barunga v State of Western Australia (No 2) [2011] FCA 755 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Braun on behalf of the Jirrbal People #4 v State of Queensland [2023] FCA 306 Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271 Butterworth v Queensland [2010] FCA 325; 184 FCR 397 Commonwealth of Australia v Clifton [2007] FCAFC 190; 164 FCR 355 Moses v Western Australia [2007] FCAFC 78; 160 FCR 148 Parkin on behalf of the Quandamooka People v State of Queensland [2020] FCA 1132 Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 1) [2021] FCA 1463