Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia (No 2) [2025] FCA 140

Federal Court of Australia

Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia (No 2) [2025] FCA 140 File number(s): WAD 297 of 2020

Judgment of: MCEVOY J

Date of judgment: 27 February 2025

Catchwords: NATIVE TITLE – Application to remove indigenous respondents from claim for determination of native title under s 84(8) of the Native Title Act 1993 (Cth) – where respondents' interests in the claim area would be recognised in a proposed minute of consent determination – whether respondents have interests that may be affected by a determination in the proceedings – where respondents claim rights and interests within claim area – where respondents seek to demonstrate interests which may be adversely affected by determination of native title in claim area – whether it is in the interests of justice to remove the respondents – need for certainty where all other parties wish for matter to proceed by consent determination and respondents' rights would be protected – application granted NATIVE TITLE – Application to remove respondent from claim for determination of native title under ss 84(8) and 84(9) of the Native Title Act 1993 (Cth) – where respondent has no interests that may be affected by a determination in the proceedings – whether it is in the interests of justice to remove the respondent – need for certainty where all other parties wish for matter to proceed by consent determination – application granted