Collier J
This matter concerned an order that a respondent to a native title application, Ms Lezia McIntosh, show cause why she should not be removed as a party to the Butchulla People's native title claim proceedings. Ms McIntosh objected to complying with these orders and the Court then determine whether to remove Ms McIntosh on the available evidence.
Reasoning
Under s 84 of the Native Title Act 1993 (Cth) (NTA) the Court has the power to remove of a party where the Court considers that the person’s interests are properly represented in the proceedings by another party or the person never had, or no longer has, interests that may be affected by a determination of the proceedings. The Court may also exercise its power to promote the timely and efficient use of the judicial and administrative resources and determination of cases.
The native title claim in these proceedings was brought by the Butchulla People. Ms McIntosh and others had filed various applications in 2010 and 2012 claiming an interest in the claim group area as descendants of Yalibura Clan from the Burrum River region and Thuribura of Pialba and the Yalibura people of the Dundora/Dundubara group of the Kabi/Kabi-Balgoin nation.
The claim group investigated Ms McIntosh's claims and an anthropological report concluded that the claims were based on a false premise.
The Court found that Ms McIntosh was clearly part of the native title claim group, being a descendant of the “Mother of John and Rose Broome”, and had not identified any separate interest which could be affected by determination in the proceeding.
Collier J concluded that Ms McIntosh is a dissentient member of the claim group and should cease to be a party to the proceedings.
Orders
Ms Lezia McIntosh cease to be a party to the proceeding under s 84(8) of the Native Title Act 1993 (Cth).