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 and others, as respondents. The dispute concerned the interpretation and application of certain provisions within 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, the State of Western Australia and the Attorney-General of the Northern Territory, had standing to intervene in proceedings before the National Native Title Tribunal concerning the determination of native title rights and interests. This involved an examination of the statutory framework governing intervention in native title matters and the specific interests that might warrant such intervention.

Gleeson CJ considered the relevant provisions of the *Native Title Act 1993* (Cth) and the *Administrative Decisions (Judicial Review) Act 1977* (Cth), as well as established principles of administrative law regarding standing. His Honour analysed the nature of the applicants' asserted interests and whether these interests were sufficient to confer standing to intervene in the Tribunal’s proceedings. The Court's reasoning focused on the statutory rights and obligations of the parties involved in native title determinations and the criteria for granting leave to intervene.

The application for leave to intervene was dismissed.