Harkin on behalf of the Nanatadjarra People v State of Western Australia

In the Federal Court of Australia, the case of Harkin on behalf of the Nanatadjarra People v State of Western Australia involved two interlocutory applications for joinder as respondent parties to a native title application. The first application sought the joinder of the Nangaanya-ku applicant, while the second application was made by Mr Harrington Smith, seeking to be joined as a respondent. The central issue before the court was whether the proposed respondents should be joined to the proceeding in accordance with section 84(5) of the Native Title Act 1993 (Cth).

The court examined the evidence provided by Ms Harkin and Mr Harrington Smith. Ms Harkin opposed Mr Harrington Smith's application, citing his previous testimony in Harrington Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31. Ms Harkin argued that Mr Harrington Smith's ancestral connections and birthplaces did not fall within the Nanatadjarra Claim area, thereby questioning his eligibility to be joined as a respondent. The court considered whether Mr Harrington Smith's ancestral ties and his family's history were relevant to the Nanatadjarra People's claim. Ultimately, the court determined that Mr Harrington Smith's application should be dismissed based on the evidence presented and the arguments made by Ms Harkin.

Consequently, the court allowed the first interlocutory application for the Nangaanya-ku applicant to be joined as a respondent, while dismissing the second application by Mr Harrington Smith. The court made no order as to costs for either of the interlocutory applications. The final orders specified that the Nangaanya-ku applicant would be joined as a respondent, Mr Harrington Smith's application would be dismissed, and there would be no costs order for either application.