Bulabul on behalf of the Kewulyi, Gunduburun and Barnubarnu Groups v Northern Territory of Australia

The case before the court involved a dispute over native title claims brought by the Bulabul on behalf of the Kewulyi, Gunduburun and Barnubarnu Groups against the Northern Territory of Australia. The applicants sought a determination of native title over various areas, but the proceedings had been pending for an extended period with little to no progress. The Northern Territory moved to have these longstanding applications struck out due to the applicants' failure to prosecute the claims with due diligence. Some of the matters were further complicated by potential future acts and the possibility of agreements under section 31 of the Native Title Act 1993 (Cth).

The court had to decide whether the applicants had prosecuted their claims with due diligence and whether the proceedings should be dismissed for want of prosecution. The court considered the lack of progress in prosecuting the claims, despite the applicants having set their own timeframes for resolution. It was noted that the delay was not due to remoteness, communication difficulties, or other exigencies. The court also acknowledged that native title litigation involves claims for the vindication of communal rights based on historical connections to land and waters. However, the court found that the prolonged inactivity warranted the dismissal of the claims for want of prosecution.

The court concluded that, except for a few specific claims, the applications should be dismissed due to the lack of diligence in prosecuting the claims. The dismissal was not a decision on the merits of the claims and would not prevent the applicants from bringing properly prosecuted claims in the future. The court dismissed the applications, emphasising the importance of acting with caution in these matters but also the need for reasonable progress in litigation. The court ordered the dismissal of the applications, noting that this was a significant step, particularly in the context of native title claims.