Greenwood J
In this matter, the Court considered an application by 3 individuals (Joinder Applicants) from the Gudang Yadheykenu (GY) people to be joined as respondents to the Wuthathi peoples’ application for a determination of native title.
Background
The Wuthathi application concerns an area of land comprising a former pastoral holding known as the Shelburne Lease in an area of land in and around Shelburne Bay on the east coast of Cape York Peninsula. The GY people assert that the Wuthathi application covers some of their traditional country and that members of the GY people were not consulted about the Wuthathi application.
The Joinder Applicants sought to be joined as respondents in their individual capacity and as representatives for the GY people. In support of their application. The Joinder Applicants tendered evidence regarding the GY peoples’ traditional interests in areas of the land included in the Wuthathi peoples’ application, including an anthropological report.
The existing respondents (the State of Queensland, the Cook Shire Council and parties representing fishing interests) opposed any joinder of the GY people on the basis that Wuthathi claim has been on foot since 1997 and no assertion had previously been made by the GY people of an interest in the Determination Application by the Wuthathi people. The respondents also indicated that they had reached the point of a consent determination after the State accepted the evidence of connection put on by with the Wuthathi people. However, their essential position is that they will abide by any determination of the joinder application and neither consent or actively oppose the application.
Consideration
The Court considered section 84(5) of the Native Title Act 1993 (Cth) (NTA), which provides that the Court may join any person as a party to the proceedings at any time if the Court is satisfied that the person's interests may be affected by a determination in the proceedings and it is in the interests of justice to do so. The Court also considered section 68 of the NTA, which states that there can only be one approved determination of native tile in relation to a particular area.
The Court was satisfied that each of the 3 applicants for joinder have demonstrated, on the material, interests which may be affected by a determination of native title in the principal proceeding and ordered that they be joined.
The Court rejected the Joinder Applicants' request to be joined as representatives of the GY people on the basis that the individuals had not demonstrated that any traditional or other decision-making process adopted by the GY people had been engaged which enabled the GY people to say or resolve that they accept the Joinder Applicants represent their common interest or have their approval to represent their interests.
Orders
Meun Lifu, George Pausa and Isaac Savage be joined as respondent parties to the principal proceedings.
The parties are directed to confer with a view to submitting to the Court within one month proposed directions for the future conduct of the matter.