Jagot J
In this matter the Court considered an application for an extension of time to appeal against orders dismissing an application for determination of native title.
Background
Orders had been made by Jessup J on 27 January and 16 March 2015 rejecting the native title claims of the Turrbal People and the Yugara People over land including the City of Brisbane in Queensland: Sandy on behalf of the Yugara People v State of Queensland (No 2) [2015] FCA 15 and Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210.
The respondent, the State of Queensland, did not oppose the Turrbal People’s application for an extension of time to file an appeal, but it was opposed by the Yugara People, who had filed an appeal within time.
Although the Turrbal People filed their application eight months after the expiry of the appeal period, Jagot J granted their application for the extension of time.
Her Honour noted that if the Turrbal People had been the only party seeking to challenge the previous orders, she may have not granted them leave. However, the critical factor justifying the extension of time is the existence of the appeal of the Yugara People, which affects the asserted interests of the Turrbal People. If the conclusions of Jessup J are to be challenged by the Yugara People then the interests of justice demand that the other claimant group to the same land, the Turrbal People, also have the opportunity to challenge those conclusions.
Orders
Her Honour ordered the Turrbal People to file any fresh evidence they wish to rely on by a certain date and that their notice of appeal sets out what the Turrbal People have agreed are the issues they wish to raise.