Logan J
In this case, Logan J vacated a trial that was due to commence on 29 June 2015 because the applicant made a statement that they would not be adducing any evidence to support the existence of native title at the trial.
Logan J considered that the applicant had almost a year's notice to prepare for trial since an order was made on 13 June 2014. Therefore in relation to the question of whether the applicant had been afforded procedural fairness in terms of having a full opportunity to make its case, Logan J said 'the applicant, in my view, has been afforded a full opportunity to be heard in respect of the separate question [as to the existence of native title]'.
In relation to the question of whether the substantive native title application should be dismissed by interlocutory application by the respondents, Logan J said it would not be procedurally fair to any party to expect an immediate response by way of a substantive interlocutory application by a respondent.
Having regard to the 'disparate respondent interests' ranging from the State through to local government, to mining, public utility and pastoral interests, Logan J said each respondent party needs to have time to form 'a considered position in light of the statement made on behalf of the applicant' as each party will have to make a political or commercial value judgment.
Logan J said that the respondents needed time to seek consequential orders. Moreover, he identified that respondent pastoralists have an interest in converting pastoral leases to freehold and securing finance for particular pastoral activities, which required a short term determination as to whether native title exists. Logan J suggested it would not be fair to the respondents to prolong the case to trial, particularly when the applicant had been afforded procedural fairness to make their case and had stated that they would not adduce evidence to support their claim at trial anyway.
Therefore, Logan J ordered that the trial be vacated, although noted that the applicant could later seek to prove native title when better resourced, although such a claim would be dealt with against the current background.