Dowsett J
This case deals with several resolutions adopted at a claim meeting and whether those resolutions and the meetings were valid.
The first resolution at issue is resolution 6. Resolution 6 was passed at the meetings resulting in a change in the composition of the claim group. The issue arises because those that voted on the resolution included both the existing claim group members and those who became members by virtue of the resolution. The resolution could be valid if the resolution would have been passed without the votes of those who became members. However, if there is reason to believe that the outcome was affected by the inclusion of votes by people who were not yet members, then the resolution may not be valid. Justice Dowsett noted that this needed to be investigated further and consequently adjourned the matter.
Secondly, the validity of the meeting was questioned on several grounds. Concerns were held about the state of anthropological evidence but Justice Dowsett dismissed these concerns noting that they should have been raised at the meeting and an adjournment of the meeting should have been sought. The way in which the meeting was called was also raised as a concern. Queensland South Native Title Service said that a meeting could only be called with the consent of the 12 applicants to the claim. However, the only basis for this assumption was that it had been done previously. Justice Dowsett found that there was no basis for restricting the capacity of any member of the claim group to call a meeting and thus saw no reason to doubt the meeting was properly called.
Two further concerns raised were that not enough time was allowed at the meetings to consider complex resolutions and the voting was described as a "shemozzle" or "dog's breakfast". Justice Dowsett noted that an adjournment could have been sought, and that no details of the voting had been given. His Honour found no reason to doubt that the votes had been cast and counted in the usual manner.