Jagot J
This matter concerned two applications for a determination of native title lodged on behalf of the Bidjara people: QUD 216 of 2008 (Bidjara 6), and QUD 644 of 2012 (Bidjara 7), both covering land in southeast Queensland. Jagot J summarily dismissed both claims on the grounds that they were an attempt to re-litigate an issue of fact previously decided in Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 (Wyman No 2), Wyman on behalf of the Bidjara People v State of Queensland (No 3) [2014] FCA 8, and Wyman on behalf of the Bidjara People v State of Queensland (No 4) [2014] FCA 93) and therefore involves an abuse of process.
Reasoning
Her Honour had previously dismissed the Bidjara 6 in respect of the overlap area because of her earlier findings that there was no continuing traditional Bidjara society. Although the Bidjara 6 and Bidjara 7 claims relate to different land they are each claims on behalf of the same claimant group. An essential element of the maintenance of each of the claims is the proposition that the claimant group – which is the same claimant group as in Wyman No 2 – is united in observance and acknowledgment of the traditional laws and the traditional customs of pre-sovereignty Bidjara society. That issue has, however, already been determined against the claimant group.
The continuation of Bidjara 6 and 7 was therefore an abuse of process and issue estoppel was established because the claim group is the same in Wyman No 2.