Logan J
The applicant in this matter applied to postpone the trial for a native title claim lodged in 2001, seeking to return to mediation instead. The claim area was in far north Queensland and included the township of Croydon.
Background
The Tagalaka #2 claim (QUD 6020/2001) area was divided into two parts (A and B), because the parties had reached agreement about the existence of native title in Part A but could not agree about Part B. Because the Part B claim had not been resolved by negotiation, the Court made orders on 3 October 2012 for the matter to go to trial for three weeks commencing on 4 June 2013. The applicant initially agreed to these orders, but later became concerned that they would not have enough funds for the trial and wanted to adjourn the trial dates until after mediation could be tried. However, Logan J said that the applicant had not sought funding for legal representation.
Case Management Principles
The Court gave careful consideration to the importance of case management principles in relation to native title matters. Logan J said the intention of the Native Title Act 1993 (Cth) (NTA) is for native title controversies to be resolved by agreement. Nonetheless, His Honour said that it was an affront to justice for a case to remain unresolved for so long, especially when there is a respondent who wants the matter to go to trial. Logan J said that if the fixing of trial dates was suspended until after mediation it was likely to remain on court lists until some stage in 2014. The Court considered the particular impact of a native title application on the ability of those with in an interest in the land to freely deal with it - in this case the pastoralists. His Honour also said that experience suggests that alternative dispute resolution is more successful when the parties are focused on the alternative (that is, focused on the possibility of a trial) and this is why the prior making of case management directions is desirable.
Decision
The Court was not persuaded that trial dates should be cancelled without new dates being fixed. His Honour expected that setting new trial dates would allow the parties to reach agreement about pre-trial steps. His Honour referred the matter to mediation to reach agreement on the issues in dispute and to identify any issues that are agreed. The 3 October 2012 orders were varied so that the trial would be set down for three weeks commencing on 14 October 2013.