Jessup J
In this interlocutory application, Jessup J ordered that Pauline Hannam's application to be joined as a party in this proceeding be refused.
Jessup J noted that under s 84(5) of the Native Title Act 1993 (Cth) the court may join a party under that provision if it 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”.
Ms Hannam sought to be joined as a respondent to resist the claims of the second applicant, Ms Barambah on behalf of the Turrbal people. For that purpose, she needs to show both that her interests may be affected by the determination which the Turrbal people seek and that it is in the interests of justice for her to be joined.
However Jessup J said that because Ms Hannam's application is based on her concerns about genealogical findings, he was not persuaded that her interests may be affected by the native title determination which Turrbal people seek. Indeed, Jessup J noted that Ms Hannam is concerned about factual inaccuracies and misrepresentations about her own ancestors and whether Bella Crowe was Ms Hannam's great great grandmother. However the Court held that such issues related to determination of native title and not the application for joinder and her application should therefore be refused.