Walker on behalf of The Noonukul of Minjerrabah v State of Queensland

In the case of Walker on behalf of The Noonukul of Minjerrabah v State of Queensland, the central issue was the overlap between two native title claims: the Quandamooka Claims and the Noonukul Application. The applicant, Mr Robert Corowa, representing Mr Walker, sought to strike out the Noonukul Application filed by the Noonukul of Minjerrabah, due to its substantial overlap with the Quandamooka Claims already accepted for registration. The dispute arose from concerns that the Noonukul Application might impede the progress of reaching a consent determination for the Quandamooka Claims, especially considering the State of Queensland's policy of not engaging in mediation when overlapping claims exist.

The legal issues before the court included whether the applicant had complied with procedural requirements set by the Federal Court and whether the overlap of the claims warranted the striking out of the Noonukul Application under section 84C of the Native Title Act 1993 (Cth). The court needed to determine if the applicant's non-appearance and failure to comply with procedural orders warranted the striking out of the Noonukul Application. Additionally, the court had to assess whether the applicant was aware of the proceedings despite not appearing.

The court found that the applicant was aware of the proceedings and had failed to comply with the procedural orders, including not appearing at the scheduled hearing and not filing the required material. The court concluded that the applicant's non-compliance and the overlap of the claims justified the exercise of the power under section 84C to strike out the Noonukul Application. The court granted the motion to strike out the Noonukul Application, considering the merits of the application on the papers.

The final orders of the court were that the Native Title Determination Application – QUD355/2006 Noonukul of Minjerrabah be struck out pursuant to section 84C of the Native Title Act 1993 (Cth).