Reeves J
In this case the Federal Court dismissed an interlocutory application brought by the Turrbal People, who sought an order for a fresh authorisation process in the Yugara/Yugarapul claim. The Turrbal People and the Yugara/Yugarapul people had competing and overlapping native title determination applications over an area of land and waters covering the City of Brisbane and its immediate surrounds.
Submissions
Under s 84D(4)(b) of the Native Title Act 1993 (Cth) (NTA), the Federal Court may make any order it considers appropriate if a native title applicant has not been properly authorised by the native title claim group. The Turrbal People contended that the Yugara/Yugarapul People’s claim was not properly authorised, as notice of the authorisation meeting was not widely distributed to the claim group.
Decision
Reeves J recognised that there were some doubts as to whether the applicants were validly authorised given the limited nature and extent of the circulation of notice and the lack of evidence about the decision-making process adopted.
However, his Honour noted that there is no particular authorisation process prescribed in the NTA and that a ‘practical approach’ to this issue should be adopted. It was significant that no member of the Yugara/Yugarapul claim group had come forward to complain about the authorisation process and that the only complainant was the Turrbal People, who were involved in a substantive border dispute with the applicant.
Reeves J emphasised that the Federal Court is bound to conduct civil litigation as justly, quickly, inexpensively and efficiently as possible. In this case, requiring the Yugarapul People to conduct a fresh authorisation process would result in considerable expense and would do nothing to resolve the boundary dispute between the Turrbal and Yugara/Yugarapul peoples’ claims.
Although weighing up the need for valid authorisation, Reeves J concluded that the substantive dispute between both native title groups should be determined and no further delay and expense should be devoted to the validity of the authorisation process.