Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 4) [2024] FCA 1458

FEDERAL COURT OF AUSTRALIA Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 4) [2024] FCA 1458 NSD 857 of 2017 File number(s): NSD 543 of 2013 NSD 1786 of 2016

Judgment of: BURLEY J

Date of judgment: 16 December 2024

NATIVE TITLE – parties – application for removal of 55 Indigenous respondents – respondents removed Catchwords: NATIVE TITLE – claim to hold native title rights and interests – whether asserted native title interest affected by determination – whether interest sufficient to constitute a party – whether interest genuine, demonstrable and direct NATIVE TITLE – power of the Court to remove parties to a proceeding – s 84(8) of the Native Title Act 1993 (Cth) – r 5.23 of the Federal Court Rules 2011 (Cth) – whether the Court is restricted to use of its case management powers NATIVE TITLE – non-participating Indigenous respondents – failure to comply with show cause process – whether non-compliant Indigenous respondents provided sufficient notice of the show cause process – whether natural justice has been afforded

Federal Court of Australia Act 1976 (Cth) ss 37M, 37N and 37P(5) Native Title Act 1993 (Cth)ss 61, 66, 84(3), 84(5), 84(8) and 84(9) Legislation: Federal Court Rules 2011 (Cth) rr 1.32, 5.02, 5.23, 11.01(5) and 11.09 Native Title (Federal Court) Regulations 1998 (Cth) reg 6 Native Title (Federal Court) Regulations 2024 (Cth)