Barker J
In this matter, Origin Energy Developments Pty Limited (Origin) applied to be joined as a respondent to two applications for determination of native title by the Amangu People under s 84(5) of the Native Title Act 1993 (Cth) (NTA).
Background
Origin was originally joined to Frederick Taylor Senior v State of Western Australia - WAD 6002 of 2004 in September 2005 and removed in September 2009 for failing to confirm its intention to remain a party. Origin also applied to be joined to Irwin Tasman Lewis v State of Western Australia - WAD 6193 of 1998 as part of the proceedings.
Origin holds interests in an exploration permit, production licences and pipeline licences in the claim area and says that further interests may be identified or granted in the course of the proceedings.
Barker J considered Origin should be joined to both matters and asked the parties whether Origin's joinder should be limited to the interests it had disclosed in its interlocutory application and supporting affidavit.
Should Origin's joinder be limited?
Barker J noted that s 84(5) of the NTA provides that the court may join a person to proceedings if satisfied that the person’s interests may be affected by a determination and it is in the interests of justice to do so.
Barker J considered the written submissions of Origin:
there was no evidence of prejudice or delay
Origin had not acted improperly or unreasonably,
no party had sought to limit its joinder
Origin was undertaking searches in the claim area, has applied for a petroleum production licence and other applications may flow
a limitation on its joinder may prejudice Origin.
The State argued that a limitation is unnecessary and has the potential to create inefficiency and prejudice. The State also argued that the NTA does not give the Court power to limit the role a party is entitled to play in a proceeding.
The Amangu People filed submissions accepting the Court's discretion to join parties, including limitations where appropriate. The Amangu People agreed that even if no limitation is placed on a party’s joinder or role in proceedings, the Court has the inherent power to control a party’s future involvement in the proceedings.
Orders
Barker J considered there was no reason why Origin should not be joined as a respondent party without limitation and made the orders as asked.