Wharton on behalf of the Kooma People v State of Queensland

REASONS FOR JUDGMENT 1 I have before me today, for directions, proceedings QG6031 of 1998 and Q6012 of 2002. Each is purportedly brought on behalf of the Kooma People in relation to precisely the same land. There is, it appears, a dispute between the applicants in each of those proceedings as to who has authority to speak on behalf of the Kooma People. Proceeding QG6031 of 1998 has progressed to some extent. Proceeding Q6012 of 2002 is of fairly recent commencement. It is clearly undesirable that two proceedings remain on foot in relation to the same land purportedly brought on behalf of the same Native Title Claim Group. 2 It appears to me that the appropriate course, in an endeavour to bring the conflict to a head for resolution, assuming it cannot be resolved by mediation, is to order that the claimant in proceeding QG6031 of 1998 be joined as a respondent in proceeding Q6012 of 2002 and the claimants in proceeding Q6012 of 2002 be joined as respondents in proceeding QG6031 of 1998. 3 I will then give leave to any respondent in either proceeding to make an application for an order under either s 66B(1) or s 84C(1) of the Native Title Act 1993 (Cth). In that way the question of which of the claimants has authority to bring a claim on behalf of the Kooma People can be resolved. 4 I have been informed by senior counsel for the applicants in Q6012 of 2002 that mediation is unlikely to bring any resolution. I am reluctant to impose any additional burden on the parties that is unlikely to achieve resolution. However, I am disposed to the view that a direction for mediation, even if it does not resolve the question of authority, would at least serve to isolate the issues that are likely to be raised for determination by the Court as to the question of authority. I therefore propose to refer to the Tribunal for mediation the question of who has authority to bring a claim on behalf of the Kooma People in relation to the land that is the subject of the two claims. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.