Gomeroi People v Attorney General of New South Wales [2017] FCA 1464

Gomeroi People v Attorney General of New South Wales [2017] FCA 1464

The Court found, on the balance of probabilities, that the current applicant was no longer authorised and that the replacement applicant was validly authorised by the claim group in accordance with a decision-making process agreed to and adopted at the meeting within the meaning of s 251B(b). Defects or ambiguities in notice, registration, attendance, or voting did not materially affect the outcome or the validity of authorisation. Accordingly, the requirements of s 66B were met and the Court would not exercise its discretion to refuse the order.

Parties
Applicant: Gomeroi People; First Respondent: Attorney General of New South Wales; Second Respondent: Commonwealth of Australia; Third Respondent: New South Wales Aboriginal Land Council; Fourth Respondent: Moree Local Aboriginal Land Council; Fifth Respondent: Sam Hegney Solicitors; Sixth Respondent: Telstra Corporation Limited; Seventh Respondent: Altomote Holdings Pty Ltd; Eighth Respondent: Jonathon Noel Phelps and Wendy Susan Phelps; Ninth Respondent: Kenneth Daniel Malone and Julianne Patricia Malone; Tenth Respondent: Stephen R Crowley and Therese A Crowley; Eleventh Respondent: The Cuan Pastoral Company Pty Ltd; Twelfth Respondent: William Nelson Baker and Margaret Ellen Baker; Thirteenth Respondent: Mark Allan Winter; Fourteenth Respondent: Curlewis Coal and Coke Pty Limited; Goonbri Coal Company Pty Limited; Fifteenth Respondent: Jacaranda Minerals Limited and Minerals Australia Pty Limited; Sixteenth Respondent: Mangoola Coal Operations Pty Limited; Seventeenth Respondent: Muswellbrook Coal Company Limited; Eighteenth Respondent: Northern Energy Corporation Limited; Nineteenth Respondent: Santos QNT Pty Limited; Eastern Energy Australia Pty Limited; Eastern Star Gas Limited; Hillgrove Energy Pty Limited; Narrabri Power Pty Limited; Santos Wilga Park Pty Limited; Betel Gas Pty Limited; Eastern Star Operations; Twentieth Respondent: Ulan Coal Mines Limited
Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Interlocutory Application (replacement of Applicant in Native Title Determination) / Judgment on Application for Replacement of Applicant Under S 66 B of the Native Title Act 1993 (cth)
Outcome
Application granted; current applicant replaced.
Legal Topics
Replacement of Applicant, Authorisation Under Native Title Act 1993 (cth), Decision Making Processes, Validity of Authorisation Meeting, Procedural Fairness
Native Title Replacement of Applicant Authorisation Under Native Title Act 1993 (cth) Decision Making Processes Validity of Authorisation Meeting Procedural Fairness

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Parties

Gomeroi People

Applicant

Attorney General of New South Wales

First Respondent

Commonwealth of Australia

Second Respondent

New South Wales Aboriginal Land Council

Third Respondent

Moree Local Aboriginal Land Council

Fourth Respondent

Sam Hegney Solicitors

Fifth Respondent

Telstra Corporation Limited

Sixth Respondent

Altomote Holdings Pty Ltd

Seventh Respondent

Jonathon Noel Phelps and Wendy Susan Phelps

Eighth Respondent

Kenneth Daniel Malone and Julianne Patricia Malone

Ninth Respondent

Stephen R Crowley and Therese A Crowley

Tenth Respondent

The Cuan Pastoral Company Pty Ltd

Eleventh Respondent

William Nelson Baker and Margaret Ellen Baker

Twelfth Respondent

Mark Allan Winter

Thirteenth Respondent

Curlewis Coal and Coke Pty Limited; Goonbri Coal Company Pty Limited

Fourteenth Respondent

Jacaranda Minerals Limited and Minerals Australia Pty Limited

Fifteenth Respondent

Mangoola Coal Operations Pty Limited

Sixteenth Respondent

Muswellbrook Coal Company Limited

Seventeenth Respondent

Northern Energy Corporation Limited

Eighteenth Respondent

Santos QNT Pty Limited; Eastern Energy Australia Pty Limited; Eastern Star Gas Limited; Hillgrove Energy Pty Limited; Narrabri Power Pty Limited; Santos Wilga Park Pty Limited; Betel Gas Pty Limited; Eastern Star Operations

Nineteenth Respondent

Ulan Coal Mines Limited

Twentieth Respondent

Procedural Posture

Interlocutory Application (replacement of Applicant in Native Title Determination) / Judgment on Application for Replacement of Applicant Under S 66 B of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 Whether the current applicant is no longer authorised by the claim group
  2. 2 Whether the replacement applicant is authorised by the claim group
  3. 3 Whether the authorisation meeting was validly convened and conducted under s 251B

Ratio Decidendi

The Court found, on the balance of probabilities, that the current applicant was no longer authorised and that the replacement applicant was validly authorised by the claim group in accordance with a decision-making process agreed to and adopted at the meeting within the meaning of s 251B(b). Defects or ambiguities in notice, registration, attendance, or voting did not materially affect the outcome or the validity of authorisation. Accordingly, the requirements of s 66B were met and the Court would not exercise its discretion to refuse the order.

Court Disposition

Application granted; current applicant replaced.

Orders

  • Jason Wilson, Leslie Duncan, Marcus Waters, Malcolm Talbot, Barry French, Garry Binge, Raymond Weatherall, Steven Talbott, Donald Craigie, Dennis Griffen, Jennifer Bennett, Sheryl Barnes, Roslyn Nean, Sharon Porter, Emily Roberts, Fay Twidale, Tania Matthews, Natasha Talbott and Maria Cutmore jointly replace the...