Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 5) [2022] FCA 763

Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 5) [2022] FCA 763

Ms Omeenyo was not joined and the Southern Kaantju determination was not postponed because the Court found that the right people attended the mediation, no duress or pressure was applied, the Umpila participants who signed the agreement did so of their own free will as a compromise, Southern Kaantju were entitled to rely on the mediated boundary agreement and had authorised the s 87A agreement on that basis, Dr Thompson's opinions carried little weight because they were incomplete and advocacy-based, and postponement would cause real prejudice to the Southern Kaantju People.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Native Title Proceeding / Interlocutory Application for Joinder and to Postpone a Consent Determination
Outcome
Interlocutory application dismissed; Southern Kaantju consent determination to proceed as listed.
Legal Topics
['joinder' 'consent Determination' 'boundary Dispute' 'mediation' 's 87 a Agreement']
['native Title'] ['joinder' 'consent Determination' 'boundary Dispute' 'mediation' 's 87 a Agreement']

Case Brief

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Procedural Posture

Native Title Proceeding / Interlocutory Application for Joinder and to Postpone a Consent Determination

Legal Issues

  1. 1 ['Whether Johanne Dorothy Omeenyo should be joined as a respondent to the proceeding' 'Whether the Southern Kaantju consent determination scheduled for 5 July 2022 should be postponed' 'Whether the right people for the boundary area attended the 2021 mediation' 'Whether there was duress or pressure at the mediation' "The relevance and weight of Dr David Thompson's report and the petition relied on by Ms Omeenyo" 'The prejudice to the Southern Kaantju People if the consent determination were postponed']

Ratio Decidendi

Ms Omeenyo was not joined and the Southern Kaantju determination was not postponed because the Court found that the right people attended the mediation, no duress or pressure was applied, the Umpila participants who signed the agreement did so of their own free will as a compromise, Southern Kaantju were entitled to rely on the mediated boundary agreement and had authorised the s 87A agreement on that basis, Dr Thompson's opinions carried little weight because they were incomplete and advocacy-based, and postponement would cause real prejudice to the Southern Kaantju People.

Court Disposition

Interlocutory application dismissed; Southern Kaantju consent determination to proceed as listed.

Orders

  • ['The interlocutory application filed on 17 June 2022 by Johanne Dorothy Omeenyo be dismissed.' 'The consent determination listed in this proceeding relating to the native title held by the Southern Kaantju group proceed as listed on Tuesday 5 July 2022 at the Tjabukai Aboriginal Cultural Park in Smithfield,...