Lander J
In this matter, Lander J considered an application by Rodney Barnes on behalf of the Janba Gardalanji Group’s for an extension of time to appeal against an earlier decision of Mansfield J.
Background
In August 2011 Mansfield J determined that the Janba Gardalanji Group does not exclusively hold native title rights and interests over a particular part of its claim area (called the ‘overlap area’), but is instead part of a wider group that may hold native title in that area. Rodney Barnes, on behalf of the Janba Gardalanji Group, wanted to appeal against this decision and applied for an extension of the time limit for filing an appeal, in order to obtain legal advice.
At the first hearing of the application, Mr Barnes raised six grounds of appeal but asked for more time to obtain legal advice. Finn J adjourned the hearing so that Mr Barnes could amend the notice of appeal, provide further written submissions and explain why the six grounds of appeal demonstrated that Mansfield J had made an arguable error.
At the next hearing, Mr Barnes asked for more time to seek further legal advice, but was refused by Finn J. His application for an extension of time to appeal was also dismissed, because he had not been able to demonstrate any arguable error by Mansfield J. See Barnes v Northern Territory of Australia [2012] FCA 38.
Mr Barnes then made a second application for an extension of time to appeal against Mansfield J’s decision and asked for more time to obtain a Court-appointed solicitor or legal funding to properly present his case before the Court.
Consideration
After considering the history of the matter and asking Mr Barnes various questions the Court concluded that the application for an extension of time within which to file a notice of appeal must fail because:
it has already been rejected by Finn J and a second application could almost be described as vexatious.
it is doomed to fail because the draft notice of appeal and the application itself does not identify any error in Mansfield J’s reasoning process that could possibly lead to Mansfield J’s orders being revoked or varied. Absent any arguable ground of appeal, it would be inappropriate to give the applicant an extension of time within which to file a notice of appeal.
Consequently, the application was refused.
Lander J also considered an application by the second respondent (various native title claimant groups) that the Registry of the Federal Court should not accept any further applications by Mr Barnes, unless a judge first gives leave to do so.
His Honour agreed to make the order given the circumstances.
Orders
The Northern Territory of Australia be joined as a respondent to the proceeding.
Archie Allen, Beazley Anderson, Gordon Noonan, Henry Morrison, Lucy O’Keefe, Tony Cutter and Tony Willy (on behalf of the Kutinja, the Kunapa and Mangirriji, and the Kunakiji and the Lukkurnu Groups of the Warramungu, the Kujuluwa, the Marrarrabana and the Garrgarrguwarja Groups of the Wampaya, the Purrukwara Group of the Wayaka, and the Ngapa Group of the Warlmanpa) be joined as respondent to the proceeding.
Austcattle Holdings Pty Ltd (ACN 010 055 384) be joined as a respondent to the proceeding.
The Northern Land Council be dismissed as a respondent to the proceeding.
The application be refused.
The Registry of the Federal Court of Australia not accept for filing any application by the applicant for an extension of time within which to appeal from the orders made by Mansfield J on 5 August 2011, without the applicant first obtaining leave of a Judge of this Court.