Dowsett J
In this matter the Court considered an application by Dennis George Ah-Kee and Adrian Clive Murray (the Applicants) to be joined as respondents to the Mamu People’s native title claim. The Wanyurr Majay People hold native title over an area to the north of the Mamu claim area and the Applicants asked to be joined in order to protect rights they claimed to hold as members of the Wanyurr Majay People who are the traditional owners of a small portion in the north of the Mamu claim area and on the coast.
Background
The Mamu application was filed on 6 April 2001. In 2006 the Wanyurr Majay advise the North Queensland Land Council that there was an overlap between the claim group lands. In 2008 a meeting was held to discuss boundaries to their respective claims and in 2011 removal of an ancestor was also discussed. In 2012 the Mamu People's claim application was filed and in August 2012 the Court was first informed about the overlap issue with various hearing dates set during the year. On 5 February 2013 the Applicants filed their application to be joined to the Mamu claim proceedings.
Reasoning
It was accepted that the Applicant had an arguable case that the Wanyurr Majay People have a claim to the area in question. Ordinarily this would sufficient to agree to the joinder request. However, the Court went on to consider the Wanyurr Majay People’s considerable delay of 6 years in making the application and questioned whether it was in the interests of justice to accept the application.
The Wanyurr Majay People had failed to notify the Court or the Mamu people of the possibility of an overlapping claim until late 2012 and no steps have been taken to initiate a native title claim over the overlap area. Nor was there any evidence that the Applicants had tried to organise a claim and been rebuffed.
The reasons provided for the delay in making an application and failure to notify either the Court or the Mamu People of the overlapping interests were held to be unsatisfactory. In the circumstances, the Court considered it would be grossly unjust to the Mamu People to further delay their determination against the mere possibility that the Wanyurr Majay People may start proceedings and eventually be successful in establishing that they hold native title over the overlapped area.
Orders
The interlocutory application be dismissed.