Reeves J
This matter concerned an application by Mr Bonner and Ms Thomson to discontinue their native title proceedings, brought on behalf of the Jagera Yagara Gurrangnam claimant group. Reeves J granted the leave to discontinue. The State of Queensland, as the respondent, did not oppose the application.
Background
Mr Bonner and Ms Thomson were the authorised applicants for the Jagera Yagara Gurrangnam claim group, which filed a native title claim in 2019. In February 2020, the Native Title Registrar declined to register the application on the basis that not all the conditions under the Native Title Act 1993 (Cth) (NTA) had been met. The Jagera Yagara Gurrangnam applicant’s appeal to the National Native Title Tribunal for reconsideration was unsuccessful.
Submissions
The applicants submitted that the claim be dismissed due to its failure to be registered. The members of the native title claim group did not wish to continue the proceedings given the unlikelihood of success. To support discontinuing, the early stage of the application and lack of any resulting prejudice was noted. Queensland South Native Title Services supported the applicant’s submissions.
Decision
Leave is required to discontinue under r 26.12 of the Federal Court Rules 2011 (Cth). Reeves J reiterated that representative proceedings require consideration of whether the group members have been properly consulted. As the applicant had posted in Facebook pages largely containing the constituents of the claim group and had attained the consent of an Elder from each descending family making up the claim group, His Honour was satisfied this consideration had been duly satisfied. Leave was granted, and the native title claim brought by the Jagera Yagara Gurrangnam applicant was discontinued.