Bowie v Queensland Police Service

The case of Bowie v Queensland Police Service involved the applicant, a common law native title holder of Badu Island, who sought to prevent the execution of a warrant of possession against a house subleased to them. They also sought to stop a home ownership application process and the continuation of a social housing lease. The respondents included the Queensland Police Service and several housing authorities. The central issue before the court was whether the execution of the warrant was a relevant act under the Torres Strait Islander Cultural Heritage Act 2003, and if the court had the jurisdiction to grant the injunctions sought under the Land Court Act 2000. Additionally, the applicant claimed that their cultural rights under the Human Rights Act 2019 would be infringed without the injunction.

The court examined whether there was a serious question to be tried and whether the balance of convenience favoured an injunction. The applicant argued that the execution of the warrant would infringe their cultural rights, as protected by the Torres Strait Islander Cultural Heritage Act 2003. However, the court found that the applicant did not establish a serious question to be tried, and the balance of convenience did not favour an injunction. The court held that it did not have the jurisdiction to make the orders sought under section 32H of the Land Court Act 2000, as the matter was not referred to the Supreme Court for determination.

Consequently, the court dismissed the originating application filed on 1 August 2022. The court found that the applicant had not demonstrated a serious question to be tried or that the balance of convenience favoured an injunction, and that it did not have the jurisdiction to grant the relief sought. The case underscores the complexities involved in balancing cultural heritage protection with property rights and the procedural requirements for seeking injunctions in such matters.