Stock on behalf of the Nyiyaparli People v State of Western Australia (No 2) [2018] FCA 1091

Stock on behalf of the Nyiyaparli People v State of Western Australia (No 2) [2018] FCA 1091

Ms Bung's concerns about the proposed composition of the native title holding group were intramural matters for the Nyiyaparli claim group to determine, particularly at the imminent claim group meeting. Although her concerns were sincerely held, she was already a member of the claim group and would benefit from any determination, and it was not in the interests of justice under s 84(5) of the Native Title Act 1993 (Cth) to join her as a respondent or to refer the matter to mediation at that stage.

Jurisdiction
Australia
Judgment Date
13 June 2018
Procedural Posture
Native Title Claimant Application / Interlocutory Application by a Claim Group Member to Be Joined as a Respondent and for Referral to Mediation Before a Registrar
Outcome
The interlocutory application for joinder was dismissed, and there was no order as to costs.
Legal Topics
['joinder' 'claim Group Composition' 'consent Determination' 'mediation' 'authorisation of Applicant' 'intramural Disputes Within Native Title Claim Group']
['native Title' 'civil Procedure'] ['joinder' 'claim Group Composition' 'consent Determination' 'mediation' 'authorisation of Applicant' 'intramural Disputes Within Native Title Claim Group']

Case Brief

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Procedural Posture

Native Title Claimant Application / Interlocutory Application by a Claim Group Member to Be Joined as a Respondent and for Referral to Mediation Before a Registrar

Legal Issues

  1. 1 ['Whether Ms Frances Bung should be joined as a respondent under s 84(5) of the Native Title Act 1993 (Cth).' "Whether Ms Bung's concerns about the composition of the Nyiyaparli claim group should be referred to mediation before a Registrar." 'Whether joinder of an existing member of the claim group was in the interests of justice where a claim group meeting was imminent and a consent determination was foreshadowed.']

Ratio Decidendi

Ms Bung's concerns about the proposed composition of the native title holding group were intramural matters for the Nyiyaparli claim group to determine, particularly at the imminent claim group meeting. Although her concerns were sincerely held, she was already a member of the claim group and would benefit from any determination, and it was not in the interests of justice under s 84(5) of the Native Title Act 1993 (Cth) to join her as a respondent or to refer the matter to mediation at that stage.

Court Disposition

The interlocutory application for joinder was dismissed, and there was no order as to costs.

Orders

  • ['The joinder application of Ms Frances Bung be dismissed.']