Mansfield J
In this matter the Court dismissed an application by Leslie J Harris Jnr, Leslie J Harris Snr and Wayne Harris (Joinder Applicants) on behalf of the Thayipithirringuda Yandruwandha, Pilatapa Yandruwandha people to be joined as respondents to the Dieri No 2 native title claim.
The Joinder Applicants claimed that they represent another group with native title rights and interests in the claim area, and so wished to become parties in order to ask the Court to discontinue the Dieri No 2 claim or to order the Dieri claimants to negotiate with the Joinder Applicants.
Mansfield J did not allow the Joinder Applicants to become parties to the Dieri No 2 claim proceedings for three reasons:
they had not clearly shown that the area in which they claimed native title rights and interests actually overlapped with the Dieri No 2 claim area. Mansfield J had invited them to amend their application to describe more clearly the area in which they asserted rights and interests, but the Joinder Applicants chose not to.
they did not have the proper status to join the proceedings. The overlapping claim they asserted was in an area they described as Pilatapa Yandruwandha land, but they acknowledged during submissions that they are not themselves Pilatapa people.
In Mansfield J's view the real purpose of the joinder application was to obtain a determination of native title in their favour. The proper course for people who believe they have native title rights and interests in an area covered by an existing claim, is to file their own native title claim under s 61 Native Title Act 1993 (NTA).
Orders
The interlocutory application of Leslie J Harris Jnr, Leslie J Harris Snr and Wayne Harris of 7 June 2012 is dismissed.