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Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia (No 2) [2025] FCA 140

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NATIVE TITLE - Application to remove indigenous respondents from claim for determination of native title under s 84(8) of the Native Title Act 1993 (Cth) - where respondents' interests in the claim area would be recognised in a proposed minute of consent determination - whether respondents have interests that may be affected by a determination in the proceedings - where respondents claim rights and interests within claim area - where respondents seek to demonstrate interests which may be adversely affected by determination of native title in claim area - whether it is in the interests of justice to remove the respondents - need for certainty where all other parties wish for matter to proceed by consent determination and respondents' rights would be protected - application granted NATIVE TITLE - Application to remove respondent from claim for determination of native title under ss 84(8) and 84(9) of the Native Title Act 1993 (Cth) - where respondent has no interests that may be affected by a determination in the proceedings - whether it is in the interests of justice to remove the respondent - need for certainty where all other parties wish for matter to proceed by consent determination - application granted

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