Bates v Attorney General of New South Wales [2024] FCA 1439

Federal Court of Australia Bates v Attorney General of New South Wales [2024] FCA 1439 File number(s):

Judgment of: PERRY J

Date of judgment: 13 December 2024

Catchwords: NATIVE TITLE – interlocutory application for removal of respondent parties pursuant to ss 84(8) or 84(9) of the Native Title Act 1993 (Cth) – interests of respondents and their purpose in seeking to remain as parties – whether respondents seek to remain as parties in representative or personal capacity – where respondent parties initially joined as members of the applicant in an overlapping native title claim – whether evidential onus of joinder satisfied – whether disjoinder justified by abuse of process – non-compliance with orders to provide connection material to respondent parties

Legislation: Native Title Act 1993 (Cth) ss 61, 64(2), 84, 85A

Alvoen on behalf of the Wakaman People #3 v Queensland [2019] FCA 1469 Bates on behalf of the Malyangapa Part B Claim Group v Attorney General of New South Wales [2021] FCA 1198 Britten v Western Australia (No 2) [2002] FCA 163 Byron Environment Centre Inc v Arakwal People [1997] FCA 797; (1997) 78 FCR 1 Davis-Hurst on behalf of the Traditional Owners of Saltwater v Minister for Land and Water Conservation (NSW) [2003] FCA 541; (2003) 198 ALR 315 Dimer on behalf of the Marlinyu Ghoorlie Claim Group v Western Australia [2023] FCA 930 Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v Queensland (No 4) [2024] FCA 641 Ebsworth on behalf of the Wangkumarra People #2 v Queensland [2006] FCA 1736 Forrest on behalf of the Kakarra Part A Native Title Claim Group v Western Australia [2023] FCA 529 Cases cited: Gomeroi People v Attorney General (NSW) [2013] FCA 81 Hippi on behalf of the Gamilaraay People v Queensland [2024] FCA 380 Isaacs on behalf of the Turrbal People v Queensland (No 2) [2011] FCA 942 Kokatha Native Title Claim v South Australia [2005] FCA 836; (2005) 143 FCR 544 Lander v South Australia [2016] FCA 307 Lewis on behalf of the Warrabinga-Wiradjuri People #7 v Attorney General (NSW) (No 2) [2021] FCA 1269 McKellar on behalf of the Wongkumara People v Queensland [2024] FCA 699 Miller v South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 Peter Hillig as administrator of Worimi Local Aboriginal Land Council v Minister for Lands [2006] FCA 61 TR (Deceased) on behalf of the Kariyarra-Pipingarra People v Western Australia [2016] FCA 1158