State of WA - A-G of NT v Ward & Ors

The parties to this proceeding were the State of Western Australia and the Attorney-General of the Northern Territory, as applicants, and Ward & Ors, as respondents. The dispute concerned the interpretation and application of certain provisions of the *Native Title Act 1993* (Cth) and related legislation, specifically in relation to the determination of native title. The matter came before Gleeson CJ in chambers.

The central legal issue before the Court was whether the applicants had established a sufficient basis to warrant the intervention of the Court in the ongoing native title determination process. This involved considering the nature of the applicants' interests and the extent to which those interests were, or were likely to be, affected by the determination of native title in the proceedings involving the respondents. The Court was required to assess the applicants' standing and the merits of their application for leave to intervene.

Gleeson CJ considered the principles governing intervention in native title proceedings, particularly the need for a genuine and substantial interest in the determination. The Chief Justice examined the applicants' asserted rights and interests, weighing them against the requirements of the *Native Title Act* and relevant case law. The decision turned on whether the applicants had demonstrated a sufficient connection to the determination sought to justify their participation as parties or in some other recognised capacity.

The application for leave to intervene was dismissed.