Malthouse on behalf of the Bar Barrum People #6 v State of Queensland

The applicants, Malthouse and others on behalf of the Bar Barrum People, sought to be joined as parties in an existing native title proceeding brought by the Bar Barrum People against the State of Queensland. The application was made under section 84(5) of the Native Title Act 1993 (Cth) and required the court to determine if the applicants' interests might be affected by a determination of native title and whether it was in the interests of justice for them to be joined to the proceeding. The application came after an unexplained delay and there were concerns that the joinder would prejudice the existing claim group and cause the proceeding to adjourn, potentially impacting a consent determination.

The legal issues centred on the interpretation of section 84(5) of the Native Title Act, specifically the criteria for joining parties in a native title proceeding. The court had to assess whether the applicants qualified as people whose interests might be affected and if their inclusion would serve the interests of justice. Additionally, the court considered the impact of the delay in bringing the application and whether the joinder would cause prejudice to the existing claim group and disrupt the proceeding's progress.

The court found that the applicants did not qualify as people whose interests might be affected by the determination of native title in the existing proceeding. The court noted the unexplained delay in bringing the application and concluded that the joinder was unlikely to be in the interests of justice, given the potential for prejudice to the existing claim group and the risk of adjourning the proceeding which was progressing to a consent determination. The court decided that the applicants' application should be dismissed.

The court ordered that the application to be joined as parties to the native title proceeding be dismissed. The court further directed that the existing proceeding continue without the inclusion of the applicants, maintaining the progress towards a consent determination between the existing parties.