Doyle on behalf of the Iman People # 2 v State of Queensland

The appeal, Doyle on behalf of the Iman People # 2 v State of Queensland, involved the interpretation of the Native Title Act 1993 (Cth) and the validity of past acts that were intended to extinguish native title over certain areas of land in Queensland. The appellants argued that the grants or conversions of perpetual leases over three specific areas of land did not constitute "previous exclusive possession acts" under section 23B of the NT Act and, therefore, did not extinguish native title. They further contended that section 8 of the Native Title (Queensland) Act 1993 (Cth) and section 19 of the NT Act could not validate past acts of extinguishment, and that such validation would contravene the Metwally principle established in University of Wollongong v Metwally. The case required the court to determine the constitutional validity of the legislation and the effect of the Metwally principle on retrospective validation of past acts.

The court found that the Metwally principle does not preclude the Commonwealth or State Parliaments from enacting laws that attach new legal significance to past events that were previously ineffective. It held that section 8 of the NTQA was valid and effective in conferring new legal significance to past acts that had been ineffective in extinguishing native title. The court emphasised that the Metwally principle pertains to altering the meaning or operation of the law that caused the inconsistency and does not address legislative changes to past rights and liabilities. The reasoning of the plurality in the Native Title Act Case concerning section 19 was deemed seriously considered dicta and applicable to this case.

The appeal was dismissed, and the court noted that further orders would be considered after hearing from the parties. The decision confirmed that section 8 of the NTQA, when conforming to section 19 of the NT Act, does not infringe the Metwally principle and is valid in attaching new legal significance to past acts that were previously ineffective.