Savage on Behalf of The Kaurareg People #1 v State of Queensland [2020] FCA 231

Savage on Behalf of The Kaurareg People #1 v State of Queensland [2020] FCA 231

Subject to any mandatory or agreed traditional decision-making process, the Native Title Act does not require an authorisation meeting to be 'fairly representative' of all components of a claim group, provided reasonable notice and opportunity to participate is given. Those who do not attend are deemed to have left decision-making to those who do. Mr Seriat and his family group were afforded reasonable opportunity to attend but chose not to.

Parties
Isaac Savage, Milton Savage, Harry Seriat, Paul Tom and Pearson Wigness on behalf of the Kaurareg People #1; Opposing Party/current Applicant Member: Harry Seriat; Respondent: State of Queensland; Respondent: Commonwealth of Australia; Respondent: Torres Shire Council; Respondent: Cook Shire Council; Respondent: Northern Peninsula Area Regional Council; Respondent: Gillian Jane Gilmore; Respondent: Robert Macdonald Miller; Respondent: Mabel Moore; Respondent: Raymond Moore; Respondent: Elfreda Petrou; Respondent: Theopanis Petrou; Respondent: Torres Strait Island Regional Council; Respondent: Ergon Energy Corporation Limited; Respondent: Far North Queensland Port Corporation Limited (trading as Ports North) ACN 131 836 014; Respondent: Telstra Corporation Limited (ACN 33 051 775 556); Respondent: Dennis Fritz; Respondent: Bessie Billy; Respondent: Gudang Yadhaykenu People; Respondent: Ella Marilyn Hart; Respondent: Meun Lifu; Respondent: Harold Ludwick; Respondent: George Mamose; Respondent: George Pausa; Respondent: Robinson Joseph Salee; Respondent: Seven Rivers Angkamuthi People; Respondent: Beverley Tamwoy (nee Mamoose); Respondent: Anna Maria Tamwoy; Respondent: Jeffrey Walter Toby; Respondent: Reginald Williams; Respondent: Larry Woosup; Respondent: Charles Woosup; Respondent: Hazel Wymarra; Respondent: Kazue Matsumoto; Respondent: Roko Pearls Pty Ltd; Respondent: Kazuyoshi Takami
Jurisdiction
Australia
Judgment Date
02 March 2020
Procedural Posture
Interlocutory Application in Native Title Proceedings (application Under S 66 B NTA to Replace Applicant) / Determination of Interlocutory Application, Reasons for Judgment and Orders Issued
Outcome
applications allowed; replacement of applicant ordered in all three QUD native title proceedings
Legal Topics
Authorisation Under Native Title Act, Replacement of Applicant, Representative Meeting Requirements, Decision Making Processes by Claim Group
Native Title Administrative Law Authorisation Under Native Title Act Replacement of Applicant Representative Meeting Requirements Decision Making Processes by Claim Group

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Parties

Isaac Savage, Milton Savage, Harry Seriat, Paul Tom and Pearson Wigness on behalf of the Kaurareg People #1

Harry Seriat

Opposing Party/current Applicant Member

State of Queensland

Respondent

Commonwealth of Australia

Respondent

Torres Shire Council

Respondent

Cook Shire Council

Respondent

Northern Peninsula Area Regional Council

Respondent

Gillian Jane Gilmore

Respondent

Robert Macdonald Miller

Respondent

Mabel Moore

Respondent

Raymond Moore

Respondent

Elfreda Petrou

Respondent

Theopanis Petrou

Respondent

Torres Strait Island Regional Council

Respondent

Ergon Energy Corporation Limited

Respondent

Far North Queensland Port Corporation Limited (trading as Ports North) ACN 131 836 014

Respondent

Telstra Corporation Limited (ACN 33 051 775 556)

Respondent

Dennis Fritz

Respondent

Bessie Billy

Respondent

Gudang Yadhaykenu People

Respondent

Ella Marilyn Hart

Respondent

Meun Lifu

Respondent

Harold Ludwick

Respondent

George Mamose

Respondent

George Pausa

Respondent

Robinson Joseph Salee

Respondent

Seven Rivers Angkamuthi People

Respondent

Beverley Tamwoy (nee Mamoose)

Respondent

Anna Maria Tamwoy

Respondent

Jeffrey Walter Toby

Respondent

Reginald Williams

Respondent

Larry Woosup

Respondent

Charles Woosup

Respondent

Hazel Wymarra

Respondent

Kazue Matsumoto

Respondent

Roko Pearls Pty Ltd

Respondent

Kazuyoshi Takami

Respondent

Procedural Posture

Interlocutory Application in Native Title Proceedings (application Under S 66 B NTA to Replace Applicant) / Determination of Interlocutory Application, Reasons for Judgment and Orders Issued

Legal Issues

  1. 1 Whether s 66B Native Title Act authorisation meeting must be 'fairly representative'
  2. 2 Whether adequate notice and opportunity was given to claim group
  3. 3 Legal requirements for replacement of native title applicant

Ratio Decidendi

Subject to any mandatory or agreed traditional decision-making process, the Native Title Act does not require an authorisation meeting to be 'fairly representative' of all components of a claim group, provided reasonable notice and opportunity to participate is given. Those who do not attend are deemed to have left decision-making to those who do. Mr Seriat and his family group were afforded reasonable opportunity to attend but chose not to.

Court Disposition

applications allowed; replacement of applicant ordered in all three QUD native title proceedings

Orders

  • Milton Seeka Savage, Donald Paul Marou, Thomas Ned Savage, Paul Tom and Elizah Wasaga jointly replace the current applicant in each proceeding (QUD 26, QUD 10, QUD 24 of 2019).