PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory decision summarily dismissing an application for a native title determination as an abuse of process and further under s 31A(2) Federal Court of Australia Act 1976 (Cth) - whether leave to appeal may be refused where the decision has the practical effect of finally determining a party's claim to native title
PRACTICE AND PROCEDURE - summary dismissal - abuse of process - whether primary judge erred in his consideration of requirement for proof of native title - consideration of "spiritual connection" - whether merely an evidentiary analysis - whether finding of relevant prejudice unreasonable and illogical - whether irrelevant considerations taken into account
COSTS - application for leave to appeal from an individual costs order against the applicant upon the dismissal of his application for joinder - application for leave to appeal from order that the individual applicant pay the costs thrown away for reasons including the lodgement of a claim, by a native title claim group
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