Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales [2019] FCA 1177

Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales [2019] FCA 1177

Lithgow City Council was joined because the affidavit of Graeme Faulkner satisfied the Court that the Council's interests may be affected and that joinder was in the interests of justice. The matters were referred for further mediation because no sufficient reason was shown to delay the process; Mr Robinson had until 16 September 2019 to attend to the matters he identified, and further mediation had the prospect of narrowing disputed issues and reducing costly contested proceedings.

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Native Title Proceedings / Case Management Hearing; Orders for Joinder and Further Mediation Determined on the Papers
Outcome
Orders made joining Lithgow City Council as a party and referring the matters for further mediation, with associated timetable and case management directions.
Legal Topics
['joinder of Party' 'mediation' 'case Management' 'indigenous Respondents']
['native Title' 'civil Procedure'] ['joinder of Party' 'mediation' 'case Management' 'indigenous Respondents']

Case Brief

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Procedural Posture

Native Title Proceedings / Case Management Hearing; Orders for Joinder and Further Mediation Determined on the Papers

Legal Issues

  1. 1 ['Whether Lithgow City Council should be joined as a party to the proceedings under s 84(5) of the Native Title Act 1993 (Cth).' 'Whether the three matters should be referred for further mediation between the applicant, NTSCORP Limited and the active Indigenous Respondents.' 'Whether the proposed further mediation should be delayed until 1 November 2019 as requested by Mr Trevor Robinson.']

Ratio Decidendi

Lithgow City Council was joined because the affidavit of Graeme Faulkner satisfied the Court that the Council's interests may be affected and that joinder was in the interests of justice. The matters were referred for further mediation because no sufficient reason was shown to delay the process; Mr Robinson had until 16 September 2019 to attend to the matters he identified, and further mediation had the prospect of narrowing disputed issues and reducing costly contested proceedings.

Court Disposition

Orders made joining Lithgow City Council as a party and referring the matters for further mediation, with associated timetable and case management directions.

Orders

  • ['Lithgow City Council be joined as a party to the proceedings under s 84(5) of the Native Title Act 1993 (Cth).' 'Pursuant to section 86B(5) of the Native Title Act 1993 (Cth), this matter is referred for further mediation between the applicant, NTSCORP Limited and the active Indigenous Respondents by a Registrar...