Melville on behalf of the Pitta Pitta People v State of Queensland

The Pitta Pitta People, represented by Melville, filed a compensation application under the Native Title Act 1993 (Cth) against the State of Queensland, seeking compensation for acts affecting their native title. The prescribed body corporate, the Pitta Pitta Aboriginal Corporation RNTBC, was nominated to hold the native title in trust on behalf of the common law holders. The dispute centres on the standing of the applicant to bring the compensation claim, as the application was filed by members of the native title determination applicant rather than the prescribed body corporate. The legal issues in this case include whether the application has reasonable prospects of success, the relevance of potential delays to native title applications, and the construction of the relevant statutory provisions. The Court also considered the lack of jurisprudence regarding compensation applications and whether the applications for strike out or summary dismissal should be dismissed.

The Court found that the applications for strike out or summary dismissal should be dismissed, as the proceeding should continue expeditiously. The Court held that the question of whether the Pitta Pitta People are entitled to compensation under the Native Title Act 1993 (Cth) should be determined at trial, allowing the State and the Pitta Pitta RNTBC to press their matters at an interlocutory level if they wish. The Court emphasised that this decision should not be taken as encouraging any applications for a separate question process, as it may result in further delays and consumption of public funds and resources. The Court also encouraged the parties to consider pursuing the compensation application in a more collaborative way, potentially through an amendment to the composition of the compensation applicant to include representatives from the Pitta Pitta RNTBC. The Court recognised that there is no doubt about the underlying merit of a compensation application on behalf of the Pitta Pitta People, and urged the parties to focus on resolving the real issues in the proceeding, which revolve around the payment of compensation for acts affecting native title.

The Court dismissed the interlocutory applications filed by the State of Queensland and the Pitta Pitta Aboriginal Corporation RNTBC. The proceeding was listed for case management in May 2022, with the aim of listing the matter for trial in 2023 and making programming orders. The Court's decision highlights the importance of proceeding with compensation applications expeditiously, while also acknowledging the need for collaboration among the parties involved. The Court's orders reflect its intention to move the proceeding forward and focus on the resolution of the real issues at hand, which ultimately serve the objectives of the Native Title Act 1993 (Cth).