Gomeroi People v Attorney-General of New South Wales

The Gomeroi People brought a native title claim in the Federal Court against the Attorney-General of New South Wales. Their former solicitor, NTSCORP, applied to be reinstated after the Gomeroi People replaced them without a claim group resolution. The primary judge dismissed the application but ordered a claim group meeting to consider the resolution expressing an expectation that the Gomeroi People retain their current solicitor. NTSCORP appealed the orders convening the meeting, arguing the primary judge lacked power to make them and that the orders were based on a legal error that the claim group could direct the Gomeroi People’s choice of legal representative. The central issues were whether the primary judge had power to make the orders and whether the orders were premised on a legal error that the claim group could direct the Gomeroi People’s choice of legal representative. The primary judge noted that resolution 10 was about expectations rather than legally enforceable conditions. However, counsel argued the term “expectation” should be read as a condition of the retainer. The primary judge observed that if the claim group was concerned about a decision made, there was capacity to replace the applicant. The appeal was allowed, the orders convening the meeting were set aside, and no order was made as to costs. The parties were given leave to apply to vary the costs order.