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 Gaudron J 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 nature of the interests held by the respective State and Territory governments.

Gaudron J considered the provisions of the *Native Title Act 1993* (Cth) that permit intervention by parties with a sufficient interest in the determination of native title. Her Honour analysed the role and responsibilities of State and Territory governments in relation to native title claims within their jurisdictions. The Court's reasoning focused on whether the applicants' asserted interests, as governments responsible for land management and administration, constituted a sufficient interest for the purposes of intervention under the Act. The legal principle applied was that intervention requires a direct and substantial interest in the outcome of the proceedings, beyond a general governmental interest.

The Court ultimately granted the applicants leave to intervene in the proceedings before the National Native Title Tribunal.