Bonner on behalf of the Jagera People #2 v State of Queensland

The Jagera People, represented by Bonner, sought to join two additional parties as respondents in their native title determination application against the State of Queensland. The applicants aimed to have Kenneth Roy Markwell and the Commonwealth of Australia included as respondents in the proceedings, both of whom had expressed interest in the native title claim over certain lands. The legal issues before the court were whether the applicants had demonstrated a sufficient interest in the proceedings to warrant the joinder of the additional parties under section 84(5) of the Native Title Act 1993 (Cth), and whether a party could be joined in a representative capacity.

The court found that for a party to be joined under section 84(5), their interest in the proceedings must be genuine and demonstrably affected by the native title claim. Importantly, this interest need not be proprietary, legal, or equitable. The court referenced The Commonwealth of Australia v Clifton, which held that a party could be joined defensively to assert native title interests over the land, but could not obtain a native title determination in their favour. The court examined the submissions and evidence provided by the applicants to determine if Markwell and the Commonwealth demonstrated a sufficient interest. The court found that both Markwell and the Commonwealth had shown a genuine interest in the proceedings, thereby satisfying the requirements for joinder under the Act.

As a result of the court's determination, Kenneth Roy Markwell was to be joined as a respondent party in the proceedings, while the Commonwealth of Australia was not to be joined due to the limitations outlined in The Commonwealth of Australia v Clifton. The court's decision underscores the importance of demonstrating a genuine and affected interest for the purposes of joinder in native title proceedings, while also clarifying the limitations on the capacity in which a party may be joined.