Alvoen on behalf of the Wakaman People #3 v State of Queensland

The Alvoen on behalf of the Wakaman People #3 v State of Queensland case involved applications under section 84(8) of the Native Title Act 1993 (Cth) seeking the removal of two respondents, Mr Chong and Ms Chong, from the Wakaman #3 and Wakaman #4 claims. The applicants, the Wakaman Applicants, argued that the Chongs were not entitled to remain as respondents because they were dissentient members of the claim group, pursuing intra-mural disputes, and acting to protect their native title interests from "erosion, dilution, or discount." The case was heard in the Federal Court of Australia.

The central legal issues the court had to address were whether the Chongs could be removed as respondents under section 84(8) of the NTA and whether they were dissentient members of the claim group or merely acting to protect their native title interests. The court considered whether the Chongs had a legitimate objective for remaining as respondents and whether their actions were in pursuit of intra-mural disputes or protecting their native title interests.

The court found that the Chongs should be permitted to remain as respondents because they were not dissentient members of the claim group and were not pursuing intra-mural disputes. The court held that the Chongs were acting to protect their native title interests from "erosion, dilution, or discount" by a determination of native title in the claims. The court considered that this was a well-established basis for becoming or remaining a respondent party in native title proceedings. The court concluded that the applicants' applications to remove the Chongs as respondents should be dismissed.

The court’s reasoning was based on principles established in previous cases, including the importance of allowing parties to protect their native title interests from potential erosion or dilution. The court noted that the Chongs had a clear and legitimate objective for remaining as respondents, which was to protect their native title rights and interests. The court held that the Chongs' actions were not intra-mural disputes but rather efforts to safeguard their native title interests. Consequently, the court dismissed the applications filed by the Wakaman Applicants on 9 April 2019.