Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717

Far West Coast Native Title Claim v State of South Australia (No 5) [2013] FCA 717

Mr Laing, even assumed to be a Mirning man, has not shown on the material relied upon that this is one of the rare cases in which a dissentient member of the claim group should be permitted to become a respondent party. His interests are not sufficiently distinguished nor affected in a demonstrable way by the determination. Discretionary factors, including delay and procedural history, further militate against joinder.

Jurisdiction
Australia
Judgment Date
30 July 2013
Procedural Posture
Native Title Determination Application / Interlocutory Application for Joinder as Respondent
Outcome
Application for joinder as respondent refused.
Legal Topics
['joinder of Parties' 'interests of Justice' 'claim Group Membership' 'procedural Discretion']
['native Title'] ['joinder of Parties' 'interests of Justice' 'claim Group Membership' 'procedural Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Determination Application / Interlocutory Application for Joinder as Respondent

Legal Issues

  1. 1 ['Whether Michael Alfred Laing should be joined as a respondent party to the native title determination application under s 84(5) of the Native Title Act 1993 (Cth)']

Ratio Decidendi

Mr Laing, even assumed to be a Mirning man, has not shown on the material relied upon that this is one of the rare cases in which a dissentient member of the claim group should be permitted to become a respondent party. His interests are not sufficiently distinguished nor affected in a demonstrable way by the determination. Discretionary factors, including delay and procedural history, further militate against joinder.

Court Disposition

Application for joinder as respondent refused.

Orders

  • ['The interlocutory application by Michael Alfred Laing of 21 November 2012 that he be joined as a respondent party to this application is refused.']