Victorian Gold Mines NL/Victoria/Graham (Bootsie) Thorpe, Lindsay Gordon Mobourne, Regina Lillian Rose, Robert James Farnham, on behalf of the Gunai/Kurnai People (VC97/4)

The case involved an application for a determination of native title in relation to a mining licence in Victoria. The applicants, representing the Gunai/Kurnai People, sought to establish their native title rights over the land in question. The respondents were the holders of a mining licence. The dispute centred on whether the native title party, comprising all registered native title claimants, could collectively apply for a determination of native title rights and whether the court could proceed with the application despite internal disputes within the native title party and the absence of representation. The court was required to determine the appropriate approach to the evidence and the procedures for granting mining licences in Victoria, particularly in relation to the impact of mining operations on native title rights.

The primary legal issue before the court was whether it could proceed with the application for a determination of native title when the native title party was unrepresented and there were internal disputes among the claimants. The court also had to consider the implications of the absence of representation for the native title party and the appropriate approach to the evidence in such circumstances. Additionally, the court needed to address the procedures for granting mining licences in Victoria and how these procedures should be balanced with the rights of native title holders.

The court held that it could proceed with the application for a determination of native title despite the internal disputes within the native title party and the absence of representation. The court emphasised that the native title party, as all registered native title claimants acting collectively, could still apply for a determination of native title rights. In the absence of representation, the court adopted an approach to the evidence that was fair and just, ensuring that the interests of the native title holders were adequately protected. The court also considered the procedures for granting mining licences in Victoria and determined that mining operations should not proceed if they would adversely affect the native title rights of the applicants.

The court ultimately made a determination in favour of the applicants, recognising their native title rights over the land in question. The court issued an order that the mining operations should be subject to the terms of the native title determination and that any future mining activities must comply with the native title rights of the Gunai/Kurnai People.