Application for the Determination of Native Title Made by Metropolitan Local Aboriginal Land Council [1998] FCA 401

Application for the Determination of Native Title Made by Metropolitan Local Aboriginal Land Council [1998] FCA 401

Mr Kanak's asserted personal employment opportunity as a native title consultant was not an interest of the kind contemplated by s 84(2) of the Native Title Act 1993. His alternative claim to be acting as a representative of a person said to be a traditional owner also did not justify joinder because there was no application by that person, no evidence that Mr Kanak represented traditional owners or persons claiming to be traditional owners, and no foundation for any representative capacity, role or function.

Jurisdiction
Australia
Judgment Date
31 March 1998
Procedural Posture
Application for Joinder in Proceedings for a Determination That Native Title Does Not Exist / Notice of Motion
Outcome
Notice of motion dismissed.
Legal Topics
['joinder' 'interests Affected by Native Title Determination' 'representative Capacity' 'determination That No Native Title Exists']
['native Title' 'civil Procedure'] ['joinder' 'interests Affected by Native Title Determination' 'representative Capacity' 'determination That No Native Title Exists']

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Procedural Posture

Application for Joinder in Proceedings for a Determination That Native Title Does Not Exist / Notice of Motion

Legal Issues

  1. 1 ['Whether an opportunity to participate in an employment opportunity in a personal capacity constitutes an interest that may be affected by a native title determination under s 84(2) of the Native Title Act 1993.' 'Whether Mr Dominic Kanak should be joined on the basis that he was a representative of a person said to be a traditional owner of the subject land.']

Ratio Decidendi

Mr Kanak's asserted personal employment opportunity as a native title consultant was not an interest of the kind contemplated by s 84(2) of the Native Title Act 1993. His alternative claim to be acting as a representative of a person said to be a traditional owner also did not justify joinder because there was no application by that person, no evidence that Mr Kanak represented traditional owners or persons claiming to be traditional owners, and no foundation for any representative capacity, role or function.

Court Disposition

Notice of motion dismissed.

Orders

  • ['That the notice of motion be dismissed.']