Kum Sing on behalf of Mitakoodi People # 5 v State of Queensland (No 2)

The case of Kum Sing on behalf of Mitakoodi People # 5 v State of Queensland (No 2) involved an application for joinder by Ms Melita Dawn Dolan, who sought to be included as a party in a native title determination application on behalf of the Mitakoodi People. The native title claim area covered land and waters in north-west Queensland, extending from Cloncurry to south of Wondoola. The central issue before the court was whether Ms Dolan had established a prima facie case for holding native title rights and interests in the claim area through her apical ancestor, Billy Chisholm, who was not listed in the current claimant application. The court was required to determine if the joinder application met the criteria under section 84(5) of the Native Title Act 1993 (NTA), which allows any person to be joined if their interests may be affected by a determination in the proceedings and it is in the interests of justice to do so.

The court examined the evidence presented by Ms Dolan and the native title applicant. Ms Dolan provided an affidavit asserting her descent from Billy Chisholm and argued that she was excluded from the claim group due to this omission. The native title applicant provided affidavits opposing the joinder, but the court found that the resolution to exclude Ms Dolan from the claim group did not accord with the traditional laws and customs for recognition of members of the native title group. The court also noted that Ms Dolan’s interests would be adversely affected if the application for joinder were refused and that it was in the interests of justice to allow the application. Consequently, the court granted the application for joinder, finding that Ms Dolan had established a prima facie case to hold native title through her apical ancestor.

In conclusion, the court ruled that the application by Ms Dolan to be joined as a respondent to the native title determination application should be allowed. The court made an order granting the application for joinder, and there was no order as to costs. The decision ensures that Ms Dolan's interests are considered in the determination of native title rights for the Mitakoodi People in the specified area.