The Court dismissed a joinder application under s 84(5) of the Native Title Act, holding that where a prospective respondent's claimed interests fall within the existing description of native title holders in a determination application, those interests are not demonstrably affected by the proposed determination. Disputes about claim group composition, descent attribution and apical ancestry are properly characterised as intramural disputes to be resolved post-determination through the prescribed body corporate, not by joinder to the native title proceeding. Even if the prospective respondent's claim was construed as asserting distinct native title rights under separate laws and customs, joinder would be inconsistent with the existing Part A determination and would constitute an abuse of process at this late stage.
The full text is available to signed-in members.