Jones & Ors v State of Queensland & Commonwealth of Australia

This case involved the Dalungbara, Batchala, and Ngulungbara people, who sought to assert their native title rights over the Kgari (Great Sandy Region) in Queensland. They were represented by John Lee Jones, who appeared in person. The defendants, the State of Queensland and the Commonwealth of Australia, were represented by Mr R.V. Hanson Q.C. and Mr J.D. McKenna respectively. The defendants sought to strike out the plaintiffs' claims on the basis that the particulars provided were insufficient to substantiate a claim for native title. The defendants argued that the plaintiffs had failed to provide adequate details regarding their connection with the land and their observance of traditional laws and customs. They contended that without these particulars, the plaintiffs' claims were frivolous or vexatious and would prejudice the fair trial of the case.

The court examined the legal principles governing native title claims, particularly the need for a recognisable system of rules observed by an identifiable group of people connected with a particular locality. The court noted that the plaintiffs had made some effort to comply with the orders regarding particulars but had not provided the required level of detail. The court highlighted that the particulars regarding the composition of the plaintiff group, relevant family groups, and criteria for membership were inadequate. Furthermore, the particulars concerning historical and contemporary connections with the land were insufficient to support a native title claim. The court concluded that while the plaintiffs' particulars were insufficient, they had made a serious attempt at compliance and had the potential to provide sufficient particulars with further effort. The court extended the time for the plaintiffs to comply with the orders and encouraged them to provide more detailed responses. The applications were adjourned, and the costs were reserved.