Richardson on behalf of the Djabugay-Bulway-Yirrgay-Nyakali-Guluy People v State of Queensland [2020] FCA 342

Richardson on behalf of the Djabugay-Bulway-Yirrgay-Nyakali-Guluy People v State of Queensland [2020] FCA 342

Although Ms Keating established on a prima facie basis that she had a sufficient native title interest in the claim areas for the purposes of s 84(5) of the Native Title Act 1993 (Cth), joinder was not in the interests of justice because she appeared likely to use respondent party status to act on behalf of her family, clan group, or Muluridji tribal group, or as a substitute for pursuing a native title determination application, and because the orders she sought were not a clear and legitimate objective and indicated likely delay and expense.

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Native Title Proceedings Involving Interlocutory Applications for Joinder Under S 84(5) of the Native Title Act 1993 (cth) / Interlocutory Applications Heard Together
Outcome
Interlocutory applications dismissed.
Legal Topics
['joinder of Respondent Party' 'sufficient Interest in Claim Area' 'interests of Justice' 'representative Capacity' 'native Title Claim Group Membership']
['native Title' 'civil Procedure'] ['joinder of Respondent Party' 'sufficient Interest in Claim Area' 'interests of Justice' 'representative Capacity' 'native Title Claim Group Membership']

Case Brief

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Procedural Posture

Native Title Proceedings Involving Interlocutory Applications for Joinder Under S 84(5) of the Native Title Act 1993 (cth) / Interlocutory Applications Heard Together

Legal Issues

  1. 1 ["Whether Ms Ann-Marie Keating established that her interests may be affected by determinations in the Cairns Regional Claim and the Djabugay-Bulway-Yirrgay-Nyakali-Guluy People's claim for the purposes of s 84(5) of the Native Title Act 1993 (Cth)." 'Whether it was in the interests of justice to join Ms Keating as a respondent party in both native title proceedings.' 'Whether Ms Keating was seeking to use respondent party status to pursue a positive native title determination or to act in a representative capacity on behalf of others.']

Ratio Decidendi

Although Ms Keating established on a prima facie basis that she had a sufficient native title interest in the claim areas for the purposes of s 84(5) of the Native Title Act 1993 (Cth), joinder was not in the interests of justice because she appeared likely to use respondent party status to act on behalf of her family, clan group, or Muluridji tribal group, or as a substitute for pursuing a native title determination application, and because the orders she sought were not a clear and legitimate objective and indicated likely delay and expense.

Court Disposition

Interlocutory applications dismissed.

Orders

  • ['QUD 398 of 2015: The interlocutory application filed on 20 May 2019 be dismissed.' 'QUD 692 of 2016: The interlocutory application filed on 10 April 2019 be dismissed.']