Hippi on behalf of the Gamilaraay People v State of Queensland

In the matter of Hippi on behalf of the Gamilaraay People v State of Queensland, the Federal Court of Australia was tasked with deciding an application for joinder in native title proceedings. The Gamilaraay People had filed a Native Title Determination Application over a specified area, and the Bigambul People, represented by Leah Mann and others, sought to be joined to the proceedings, asserting their own native title rights over part of the claimed area. The key legal issues revolved around whether the joinder applicants had a prima facie interest in the land and waters that might be affected by the determination of the Gamilaraay Claim, and if the interests of justice favoured their joinder despite the delay in filing their application.

The court examined the evidence provided by Leah Mann, who detailed her ancestry, traditional connection to the land, and the importance of the area to the Bigambul People. Mann argued that the Gamilaraay People had no right to claim the area without consulting the Bigambul People. However, the court found the joinder applicants' claim of unawareness of the Gamilaraay Claim implausible given the extensive nature of the claim and the historical knowledge of the Bigambul People about their land. Additionally, the significant delay in filing the joinder application and the potential for disrupting the proceedings further weighed against their application.

The court concluded that although the joinder applicants had established a prima facie case of having a relevant interest in the land and waters, the discretionary considerations of the interests of justice did not favour allowing their joinder. The lateness of the application and the potential disruption to the proceedings led the court to dismiss the application for joinder. The court ordered that the amended interlocutory application filed on 21 October 2022 be dismissed.