Wharton on behalf of the Kooma People v State of Queensland (No 2) [2021] FCA 191

Wharton on behalf of the Kooma People v State of Queensland (No 2) [2021] FCA 191

The compensation application failed to comply with s 61(5)(c) of the Native Title Act 1993 (Cth) because it did not identify any act alleged to extinguish or affect native title rights and interests or the area covered. An amendment to include such acts was not permitted under s 64(1) as it would include areas and acts not identified in the original application. Therefore, the application for leave to amend was refused and the original application was struck out.

Jurisdiction
Australia
Judgment Date
11 March 2021
Procedural Posture
Native Title Compensation Application / Application for Leave to Amend and Strike Out; Judgment on Interlocutory Applications
Outcome
Application for leave to amend dismissed; compensation application struck out.
Legal Topics
['compensation Applications Under Native Title Act' 'application Compliance With Statutory Form' 'leave to Amend Applications' 'striking Out of Applications']
['native Title'] ['compensation Applications Under Native Title Act' 'application Compliance With Statutory Form' 'leave to Amend Applications' 'striking Out of Applications']

Case Brief

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Procedural Posture

Native Title Compensation Application / Application for Leave to Amend and Strike Out; Judgment on Interlocutory Applications

Legal Issues

  1. 1 ['Whether the compensation application complies with s 61(5) of the Native Title Act 1993 (Cth)' 'Whether leave to amend should be granted to identify a compensable act' 'Whether amendments would contravene s 64(1) of the Native Title Act 1993 (Cth)' 'Whether the application should be struck out under s 84C of the Native Title Act 1993 (Cth)']

Ratio Decidendi

The compensation application failed to comply with s 61(5)(c) of the Native Title Act 1993 (Cth) because it did not identify any act alleged to extinguish or affect native title rights and interests or the area covered. An amendment to include such acts was not permitted under s 64(1) as it would include areas and acts not identified in the original application. Therefore, the application for leave to amend was refused and the original application was struck out.

Court Disposition

Application for leave to amend dismissed; compensation application struck out.

Orders

  • ["The applicant's amended interlocutory application filed on 19 June 2020 be dismissed." "The applicant's application for a determination of compensation filed on 18 December 2019 be struck out." 'The respondents each file and serve any submissions as to costs (not exceeding five pages) by 4.30 pm on 18 March 2021.'...