Wharton on behalf of the Kooma People v State of Queensland [2002] FCA 1112

Wharton on behalf of the Kooma People v State of Queensland [2002] FCA 1112

Because both proceedings were brought on behalf of the Kooma People in relation to the same land and there was a dispute as to who had authority to speak for the Kooma People, the Court ordered reciprocal joinder, allowed for applications under the Native Title Act 1993 (Cth), and referred the authority question to the National Native Title Tribunal for mediation to assist resolution or isolate the issues for determination.

Jurisdiction
Australia
Judgment Date
28 August 2002
Procedural Posture
Native Title Proceedings / Directions; Joinder and Referral to Mediation
Outcome
Directions made in both proceedings; reciprocal joinder ordered; timetable set for any applications under the Native Title Act 1993 (Cth); authority question referred to the National Native Title Tribunal for mediation.
Legal Topics
['authority to Bring a Native Title Claim' 'overlapping Native Title Claimant Applications' 'joinder of Parties' 'mediation by the National Native Title Tribunal' 'applications Under the Native Title Act 1993 (cth)']
['native Title' 'civil Procedure'] ['authority to Bring a Native Title Claim' 'overlapping Native Title Claimant Applications' 'joinder of Parties' 'mediation by the National Native Title Tribunal' 'applications Under the Native Title Act 1993 (cth)']

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Procedural Posture

Native Title Proceedings / Directions; Joinder and Referral to Mediation

Legal Issues

  1. 1 ['Whether two proceedings purportedly brought on behalf of the Kooma People in relation to the same land should remain on foot without resolving which applicant has authority to bring the claim.' 'Whether the claimants in each proceeding should be joined as respondents in the other proceeding to enable applications concerning authority to be made.' 'Whether the question of authority should be referred to the National Native Title Tribunal for mediation.']

Ratio Decidendi

Because both proceedings were brought on behalf of the Kooma People in relation to the same land and there was a dispute as to who had authority to speak for the Kooma People, the Court ordered reciprocal joinder, allowed for applications under the Native Title Act 1993 (Cth), and referred the authority question to the National Native Title Tribunal for mediation to assist resolution or isolate the issues for determination.

Court Disposition

Directions made in both proceedings; reciprocal joinder ordered; timetable set for any applications under the Native Title Act 1993 (Cth); authority question referred to the National Native Title Tribunal for mediation.

Orders

  • ['In QG6031 of 1998, the applicants in proceeding Q6012/02 be joined as respondents to the proceeding.' 'In QG6031 of 1998, any respondents make any application which he/she/it is advised to make under sections 64B or 84C of the Native Title Act 1993 (Cth) by notice of motion returnable for directions before Emmett...