PRACTICE AND PROCEDURE - abuse of process - inherent power of court to prevent abuse of process and protect itself from such abuse - distinctions and common aspects of protective and summary powers to dismiss proceedings as abuse of process - substantial unexplained delay by neighbouring party in commencing native title proceedings - new proceedings directly affecting conduct and possible result of part-heard trial - neighbouring party knowing of existing proceedings for many years and permitting them to continue after elders of both claim groups had earlier agreed common boundaries - new claim now over substantial overlapping area - false explanation for some delay - necessity to hear new claim with part-heard trial by force of s 67(1) of Native Title Act 1993 (Cth) - hearing of new claim would have significant impact on and require retaking of evidence in part-heard trial - where new claim would cause significant prejudice to current proceedings - where some relevant witnesses now dead
PRACTICE AND PROCEDURE - summary judgment - application for summary judgment striking out an overlapping native title claim pursuant to s 31A of Federal Court of Australia Act 1976 (Cth) - where new claim and evidence on summary dismissal application fails to assert any spiritual connection to the overlap land claimed - where juridical basis for claim to native title is essentially spiritual connection of claim group to land and waters claimed - where no evidence of new claimant's spiritual connection to land and waters - whether proceeding has any reasonable prospects of success
PRACTICE AND PROCEDURE - consideration of case management principles under ss 37M and 37N of Federal Court of Australia Act 1976 (Cth) - where substantial delay in bringing overlapping native title claim - where significant prejudice to current proceedings if new claim proceeds - where long running native title proceedings currently on foot would be significantly disrupted
NATIVE TITLE - application to be joined as party to a native title proceeding pursuant to s 84(5) of the Native Title Act 1993 (Cth) - whether applicant a person whose interests might be affected by determination of native title - where applicant for joinder also involved in another very recent native title application claiming area overlapping existing claim area - where overlapping native title claim dismissed as abuse of process and as having no reasonable prospect of success - where unexplained delay in bringing application for joinder - where no evidence that applicant for joinder had spiritual connection to land claimed
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