NC (deceased) v State of Western Australia

In the case of NC (deceased) v State of Western Australia, the Federal Court considered three applications by mining companies to be joined as respondents in a native title determination application. The applicants, Fortescue Metals Group Ltd, The Pilbara Infrastructure Pty Ltd, and FMG Pilbara Pty Ltd, sought joinder under section 84(5) of the Native Title Act 1993 (Cth). The primary legal issue before the court was whether it was in the interests of justice for the mining companies to be joined as respondents, given that they had a demonstrated sufficient interest in the proceedings and that their interests would be affected by a determination of native title over the claim area.

The court examined the economic interests of the mining companies in the claim area and found that Fortescue Metals Group Ltd had a substantial economic interest with planned capital expenditure exceeding AUD3 billion and covered more than 58% of the claim area. The Special Rail Licence held by The Pilbara Infrastructure Pty Ltd to construct and operate a heavy gauge railway within the claim area and the further development of the Anketell Project were also major financial projects. The court concluded that it was in the interests of justice for the mining companies to be joined as respondents, as their interests were likely to be affected by the determination in the proceedings. The court also noted that it would be beneficial for the just determination of the application to have the benefit of a contradictor or a supporter for aspects of the applicant’s claims that were supported.

The court granted the applications for joinder and ordered that Fortescue Metals Group Ltd, The Pilbara Infrastructure Pty Ltd, and FMG Pilbara Pty Ltd be joined as respondents in the proceeding. The court also dispensed with service on the parties to the proceeding other than the applicant and the State of Western Australia.