Prior on behalf of the Juru People v State of Queensland

The applicants in the case, Prior on behalf of the Juru People, sought an order under section 84(8) of the Native Title Act 1993 (Cth) that Joseph Henaway and Cecilia Upkett cease to be parties to the native title proceedings. The applicants argued that Henaway and Upkett failed to provide evidence that they had, or still have, interests that may be affected by a determination in the proceedings. The legal issues before the court were whether Henaway and Upkett had genuinely, demonstrably, and not indirectly affected interests that could be affected by a determination in the proceedings and whether their failure to provide evidence placed the parties and the court in a position to consider evidence in support of their claims. The court held that Henaway and Upkett did not have such interests and that their failure to provide evidence meant that it was not possible to consider their claims. The court also noted the public interest in providing certainty where all other parties wish for the matter to proceed by consent determination. The court found that Henaway and Upkett's failure to provide evidence meant that they could not be considered as parties to the proceedings. The court ordered that Henaway and Upkett cease to be parties to the proceedings and that the applicant be granted leave to delete the name of Edward Smallwood in prayer 1 of the amended interlocutory application filed on 29 October 2013.