In this case, Rangiah J considered an application made by Krisandra May Tweedie on behalf of the descendants of John William Leisha to be joined as a party to the proceeding seeking a determination of Native Title for the Gaangalu Nation People in Central Queensland. The application for joinder was brought under s 84(5) of the Native Title Act 1993 (Cth) (‘NTA’).
At [14], his honour sets out the following necessary considerations:
Whether the application for joinder has a relevant interest;
Whether that interest may be affected by a determination in the proceeding; and
Whether it is in the interest of justice for the applicant to be joined as a party.
Relevant interest
His honour does not dispute that John William Leisha and his descendants are the biological descendants of Maggie of Dingo, who is one of the persons named as an apical ancestor of the Gaangalu Nation People in the current native title determination application. As the claim group is defined by biological descent, Ms Tweedie and her siblings are members of the claim group. As members of the claim group, Ms Tweedie and her siblings will be affected by a determination of native title, which is a relevant interest for the purposes on s 84(5) of the NTA.
Interests of justice
With respect to whether it’s in the interests of justice to join Ms Tweedie as a party, Rangiah J referred to his judgment in Anderson on behalf of the Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland [2019] FCA 1886, where he notes; ‘dissenting members of the group will not ordinarily be permitted to join a proceeding in order to dispute the decisions of the claim group and its authorised representatives.’
Conclusion
He goes on to say at [18] that ‘Ms Tweedie’s concerns about the native title applicant’s conduct of the determination application and ancillary issues fall for resolution within the claim group… I do not accept that the dissatisfaction of Ms Tweedie and her family group with the conduct of the native title applicant provides an adequate basis to allow her joinder.’ On that basis, the application for joinder was dismissed.