Gordon Charlie v Cape York Land Council

Gordon Charlie sought an interim injunction to prevent the Cape York Land Council (CYLC) from holding a meeting to consider whether to vary the Dingaal native title application to include other identified groups. The CYLC had convened the meeting in accordance with a prior resolution by the Dingaal claim group members and had given notice of the meeting to Gordon Charlie. The primary contention was that the CYLC failed to discharge its statutory duties under the Native Title Act 1993 by not recognising the Brim family as a legitimate claim group and by not properly facilitating the participation of the Dingaal group in the meeting. The Brim family, a subgroup of the Dingaal, had not been formally recognised as a part of the Dingaal claim group, and Gordon Charlie, as their recognised elder, argued that their exclusion would prejudice their rights. However, the court found that there was insufficient evidence to demonstrate an arguable case of connection on the part of the Brims with the claim area. Furthermore, the court held that the CYLC had established processes to consult with and consider the interests of claim group members, and the matters raised by Gordon Charlie were more appropriately addressed through the internal review process provided by the Act. The court also found that the notice of the meeting was adequate, and Gordon Charlie's request for a security guard was unreasonable. Consequently, the court dismissed Gordon Charlie's application for an interim injunction.