Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 4) [2024] FCA 641

Federal Court of Australia

Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 4) [2024] FCA 641 File number(s): QUD 20 of 2019

Judgment of: COLLIER ACJ

Date of judgment: 14 June 2024

Catchwords: NATIVE TITLE – application for joinder three business days prior to consent determination – section 84(5) Native Title Act 1993 (Cth) – onus of proof – relevant interest – necessary that evidence support existence of relevant interest – whether determination affects relevant interest – must be personal interest not representative – interests of justice – prejudice to Native Title Applicant and other parties if joinder permitted

Legislation: Native Title Act 1993 (Cth) ss 13, 61, 84(5), 213 and 225

Cases Cited: Blucher on behalf of the Gaangalu Nation People v State of Queensland [2018] FCA 1369 Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 2) [2024] FCA 385 Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia [2023] FCA 529 Hippi on behalf of the Gamilaraay People v State of Queensland [2024] FCA 380 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 Pegler on behalf of the Widi People of the Nebo Estate #1 v State of Queensland [2019] FCA 711 Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 1) [2021] FCA 1463 Vea Vea on behalf of the Wadja People v State of Queensland [2020] FCA 405 Wakka Wakka People # 2 v State of Queensland [2005] FCA 1578 Wilson on behalf of the Wirangu People v South Australia [2022] FCA 829