Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland

The case of Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland was heard in the Federal Court of Australia. The plaintiffs, representing the Badulgal, Mualgal and Kaurareg Peoples, sought to establish native title over certain lands and waters in the Torres Strait. The central dispute involved the timing of a hearing to gather evidence on country, taking into account the impact of weather and seasonal conditions on the safety and feasibility of sea travel to the designated locations.

The court had to decide whether the proposed date for the hearing, which was set for early October, was appropriate. This decision hinged on expert testimony regarding the weather patterns and sea conditions in the Torres Strait, as well as the logistical and safety considerations involved in travelling to the specific locations during different times of the year. The court also needed to weigh the evidence about the time required for adequate preparation for the hearing against the available funding and resources.

In its reasoning, the court emphasised the importance of considering the safety of the participants and the effectiveness of the evidence-gathering process. It took into account the testimony of seasoned Torres Strait divers and elders, who provided insights into the best times for safe sea travel. The court concluded that October was the optimal time for such a hearing due to the calm weather conditions, and thus, it ordered the hearing to proceed as scheduled, starting on 6 October 2021.

The court further mandated a mediation process immediately following the evidence-gathering hearing and outlined specific procedures for the submission of concise statements by the parties involved. The orders included deadlines for the filing of these statements and provisions for objections to the method of concise statements. The court also scheduled oral submissions by the participating parties at the conclusion of the hearing.