Greenwood J
In this matter the Court considered an application on behalf of the Wuthathi People #2 under s 84(8) of the Native Title Act 1993 (Cth) that Mr Isaac Savage cease to be a respondent party to the proceeding.
Background
The history of the proceeding is set out in Chippendale on behalf of the Wuthathi People #2 v State of Queensland [2012] FCA 310. See related content.
Mr Savage claimed that he had been joined as a respondent on the basis that he asserts native title rights and interests in the subject area of the claim on his own behalf and also as a respondent in a “representative capacity” along with Mr Lifu and Mr Pausa on behalf of the Gudang Yadhaykenu People.
Mr Savage’s ancestor was subsequently recognised in the genealogies relevant to the claim and Mr Savage is now part of the claim group in the proceeding.
Reasoning
Greenwood J stated [at 3] that:
'It is simply not possible for Mr Savage to be a member of the claim group asserting native title rights and at the same time a respondent party to such a claim.'
The Court concluded that there was no utility in Mr Savage remaining a respondent in his personal capacity and the Court had previously rejected the joinder of Mr Savage in a representative capacity along with Mr Lifu and Mr Pausa on behalf of the Gudang Yadhaykenu People.
Order
The Court made orders that Mr Savage be removed as a respondent to the proceeding.