Mei Barnes appeared for the First Respondent, instructed by Crown Law.
In this case, the Applicant sought a determination of native title over an area of land and waters in Far North Queensland, on behalf of the Gimuy Walubara Yidinji People. The Applicant also sought, with the support of the First and Second Respondents, an order that Mrs Singleton and Ms Sheppard be removed as respondents to the claimant application. Ms Shaw also asserted native title rights and interests in the area and sought an order that she be joined as a Respondent, which was opposed by the Applicant, and First and Second Respondents.
The Court considered, inter alia, its powers under s 84 of the Native Title Act 1993 (Cth) as it relates to the joinder and removal applications, and the Yirrganydji parties’ native title rights and interests. The Court concluded that it be appropriate to exercise its discretion under s 84 of the Act to remove Mrs Singleton and Ms Sheppard as parties, and to refuse to join Ms Shaw as a party to the proceeding. The parties will be heard as to costs.
The judgment can be read by clicking here
