Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 2)

Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 2) was a native title case in which the Gudjala People sought a determination of their native title rights and interests in respect of land in North Queensland. The case had been progressing towards a consensual determination of native title for some years, with intensive case management and prioritisation of native title cases adopted by the Court. The Headings and Mr Pemble, who had pastoral properties within the native title claim area, applied to be joined as respondents to the proceeding. The Court found that joinder of the Headings and Mr Pemble as parties required the exercise of a discretion conferred by s 84(5) of the Native Title Act 1993 (Cth). That subsection presently provides that the Federal Court may join any person as a party to the proceeding if the Court is satisfied that the person's interests may be affected by a determination in the proceeding and it is in the interests of justice to do so. The Headings and Mr Pemble had interests which may be affected by a determination of native title in these proceedings. However, the Court found that joinder of the Headings and Mr Pemble was not in the interests of justice. The application for joinder was dismissed.