Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales

Betty Atkinson, on behalf of the Mooka and Kalara United Families, filed a claim for native title over certain lands in New South Wales against the Minister for Lands for the State of New South Wales, NTSCORP Limited, and Barrick (Cowal) Limited. The respondents sought dismissal of the proceedings due to the applicants' failure to comply with several court orders to file and serve their evidence and an amended native title determination application. The legal issues centered on whether the court should grant the respondents' motion for self-executing orders to dismiss the proceedings if the applicants did not meet the specified deadlines. The court considered the applicants' repeated failure to comply with court orders, the legislative intent behind the Native Title Act 1993, and the impact of the proceedings' continuation on the administration of justice and the respondents.

Justice Jagot found that the applicants had a long history of non-compliance with court orders despite their best efforts and had not filed and served all necessary evidence to substantiate their claims. The applicants had also been denied funding by NTSCORP and the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs, leaving them unable to fully prosecute their claims. The judge concluded that it was in the interests of justice to dismiss the proceedings if the applicants did not comply with the new deadline to file and serve their evidence and amended application. The court granted an extension to 29 October 2010 for the applicants to meet the requirements, after which the proceedings would be dismissed without further order unless the applicants complied and filed an affidavit confirming that all necessary material had been submitted. The court also allowed the parties to apply to relist the proceedings if the applicants did not comply with the orders.