Mann on behalf of the Bigambul People #2 v State of Queensland

The Federal Court was asked to decide on an interlocutory application to strike out a competing native title determination application in the case of Mann on behalf of the Bigambul People #2 v State of Queensland. The Bigambul #2 Applicant sought to join an existing native title determination application made by the Gamilaraay Applicant. The legal issues before the court were whether the native title determination application was properly authorised, whether there was an abuse of process, and whether there were sufficient grounds to strike out or summarily dismiss the application. The court considered the principles under sections 61 and 251B of the Native Title Act 1993 (Cth) and whether the Bigambul #2 Claim was authorised in accordance with these provisions.

The court found that the Bigambul #2 Claim was not properly authorised and that there had been a significant delay in bringing the overlapping native title determination application, which amounted to an abuse of process. The court was satisfied that the application was untimely and that the Bigambul #2 Applicant had not demonstrated that the claim had reasonable prospects of success. The court also found that the delay and the lack of proper authorisation rendered the claim untenable. Therefore, the court granted the interlocutory application and struck out the Bigambul #2 Claim under section 84C of the Native Title Act 1993 (Cth), or alternatively summarily dismissed it pursuant to rule 26.01 of the Federal Court Rules 2011 (Cth).

The court ordered the parties to provide the Judicial Registrar – Native Title with draft case management orders in respect of costs and any further matters within 14 days of the date of this judgment. The proceeding was struck out pursuant to s 84C of the Native Title Act 1993 (Cth), or alternatively summarily dismissed pursuant to r 26.01 of the Federal Court Rules 2011 (Cth).