Hill on behalf of the Yirendali People Core Country Claim v State of Queensland

The Yirendali People, represented by Hill, sought leave to discontinue their native title determination application against the State of Queensland due to insufficient funds. The subject land had a lengthy history of native title claims, and the current application had been ongoing for over eight years. The Federal Court was required to decide whether to exercise its discretion to grant leave to discontinue the proceedings, and if conditions could be imposed on any future proceedings by the applicant in respect of the same claim area.

The Court held that granting leave to discontinue would bring the administration of justice into disrepute. The delay in determining the native title fostered uncertainty and potential injustice on the part of the responding parties. Although the applicant was not vexatious, the Court did not have the power to impose conditions on future applications when granting discontinuance. Therefore, the application for leave to discontinue was dismissed.

The Court made it clear that the grant of leave to discontinue would not be in the interests of justice, as it would result in unnecessary delay and potential injustice for the responding parties. Furthermore, the Court did not have the authority to impose conditions on any future applications by the applicant in respect of the same claim area. As such, the interlocutory application for leave to discontinue filed by the applicant on 5 March 2015 was dismissed, and there was no order as to costs.