Members of the Yorta Yorta Aboriginal Community & Ors v The State of Victoria & Ors [1995] FCA 1173

Members of the Yorta Yorta Aboriginal Community & Ors v The State of Victoria & Ors [1995] FCA 1173

McPherson and the Association have established that their interests may be affected by a determination in the proceeding, and thus it is appropriate that they be granted leave to be joined as parties under s 84(2) of the Native Title Act 1993 (Cth).

Parties
Applicants: Members of the Yorta Yorta Aboriginal Community and Ors; Respondents: The State of Victoria and Ors; Joined Party: Graeme Ross McPherson; Joined Party: Victorian Field and Game Association Incorporated
Jurisdiction
Australia
Judgment Date
13 October 1995
Procedural Posture
Native Title Determination Application / Application for Leave to Be Joined as Parties
Outcome
Leave granted to be joined as parties
Legal Topics
Joinder of Parties, Interpretation of 'interests' Under Native Title Act 1993, Standing in Native Title Proceedings
Native Title Civil Procedure Joinder of Parties Interpretation of 'interests' Under Native Title Act 1993 Standing in Native Title Proceedings

Case Brief

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Parties

Members of the Yorta Yorta Aboriginal Community and Ors

Applicants

The State of Victoria and Ors

Respondents

Graeme Ross McPherson

Joined Party

Victorian Field and Game Association Incorporated

Joined Party

Procedural Posture

Native Title Determination Application / Application for Leave to Be Joined as Parties

Legal Issues

  1. 1 Whether Graeme Ross McPherson and Victorian Field and Game Association Incorporated have 'interests' that may be affected by a determination of native title within the meaning of s 84(2) of the Native Title Act 1993

Ratio Decidendi

McPherson and the Association have established that their interests may be affected by a determination in the proceeding, and thus it is appropriate that they be granted leave to be joined as parties under s 84(2) of the Native Title Act 1993 (Cth).

Court Disposition

Leave granted to be joined as parties

Orders

  • Graeme Ross McPherson be joined as a party to the proceeding.
  • Victorian Field and Game Association Incorporated be joined as a party to the proceeding.