Bissett v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 365

Bissett v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 365

The functions conferred by statute on a native title representative body (NTS) constitute sufficient interests for the purposes of s 84(5), and these interests may be affected by determinations in the proceedings, not only by final determinations. As such, NTS should be joined as a party to allow effective performance of its functions.

Jurisdiction
Australia
Judgment Date
09 April 2002
Procedural Posture
Application (joinder and Withdrawal of Party) / Interlocutory Decision on Joinder and Withdrawal of Party
Outcome
Application allowed; NTS to be joined as a party, NSWALC to withdraw as party.
Legal Topics
['joinder of Parties' 'representative Bodies Under Native Title Act']
['native Title' 'civil Procedure'] ['joinder of Parties' 'representative Bodies Under Native Title Act']

Case Brief

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Procedural Posture

Application (joinder and Withdrawal of Party) / Interlocutory Decision on Joinder and Withdrawal of Party

Legal Issues

  1. 1 ['Whether New South Wales Native Title Services Limited has sufficient interests to be joined as a party under s 84(5) of the Native Title Act 1993 (Cth)' 'Whether a representative body can carry out its functions effectively if not a party' "Whether the affected 'interests' must relate to a final determination"]

Ratio Decidendi

The functions conferred by statute on a native title representative body (NTS) constitute sufficient interests for the purposes of s 84(5), and these interests may be affected by determinations in the proceedings, not only by final determinations. As such, NTS should be joined as a party to allow effective performance of its functions.

Court Disposition

Application allowed; NTS to be joined as a party, NSWALC to withdraw as party.

Orders

  • ['The application is allowed.']