North J
In this matter, the Court struck out a native title application brought by the Wamba Wamba, Barapa Barapa and Wadi Wadi Peoples on the basis that the application had been on foot for 15 years with no meaningful progress.
North J noted that the application faced the challenge that it was brought by three groups, necessitating both internal organisation within each group and cooperation between them, which had proved a difficult task for the parties.
His Honour explained the decision to strike out the application was based on:
Mr Murray conceding that the three groups cannot, in the present circumstances, move the application forward together in an efficient way
a letter addressed to the Court by the Native Title Services Victoria (NTSV) dated 8 May 2015, setting out that NTSV had offered to fund a group meeting, arrangements had been difficult to finalise and assisting the group is not part of its 2015-16 operational plan, meaning a likely delay of at least another year
the application has been on foot without significant progress for such a long time.
North J explained that the groups would still be able to file further applications, or exert rights which they may have under Victoria’s cultural heritage legislation or the traditional owners’ settlement legislation.
In his concluding remarks, North J noted the strength, rationality and courtesy of Mr Murray’s advocacy, stating that ‘[m]any passionate advocates appear before the Court, in native title and other matters, but rarely do they present their position with such aplomb and success.’