FEDERAL COURT OF AUSTRALIA

Connelly on behalf of the Mitakoodi and Mayi People #1 v State of Queensland [2009] FCA 1181

PEARL JOYCE CONNELLY ON BEHALF OF THE MITAKOODI AND MAYI PEOPLE #1 v STATE OF QUEENSLAND AND OTHERS

QUD 6106 of 1998

DOWSETT J

11 AUGUST 2009

BRISBANE

REASONS FOR JUDGMENT

1                     This is an application pursuant to s 84(5) of the Native Title Act 1993 (Cth) (the “Act”) for joinder of Queensland South Native Title Services Ltd (“Queensland South”), a representative body pursuant to the Act, as a respondent in these proceedings.  Primarily, Queensland South asserts that it is in the interests of justice that it be joined, having regard to its various functions.  I am of the view that given the close involvement which Queensland South has in the claims in the Mount Isa/Cloncurry area (including in particular the Kalkadoon claim) it will be of assistance to the Court, and in the interests of justice if it becomes a party to these proceedings.  It will also assist in other respects, having regard to the various functions which are conferred upon it by the Act.

2                     I have given consideration to the grounds for resisting the application advanced on behalf of the applicant, primarily that there is no apparent immediate role for Queensland South to perform, and there is a risk of its being put in a conflict situation by virtue of the fact that it has previously acted for the applicant and may have confidential information.  It is, of course, necessary that there be no abuse of confidential information obtained in the course of acting in this matter, but given the limited progress which has occurred, it is unlikely that there is any significant amount of confidential information.  In any event I am willing to rely upon the professionalism of the relevant legal advisers and employees of Queensland South in order to avoid any problem in that regard.

3                     As to the question of its role, that will be determined by its responsibilities under the Act.  Having observed the way in which Queensland South has performed its responsibilities as a representative body since its relatively recent inception, I have no doubt that it will participate in the proceedings only in a constructive way, and in a way designed to serve the public interest and the interests of indigenous people generally.  There will be an order in terms of para 1 of the notice of motion.

Associate:

Dated:         15 October 2009