Waratah Coal Pty Ltd v Youth Verdict Ltd (No 5)

The Land Court of Queensland heard a case between Waratah Coal Pty Ltd and Youth Verdict Ltd, focusing on the procedural aspects of a mining objection hearing. The dispute centred on the evidence provided by First Nations witnesses in the hearing, specifically whether their evidence in chief should be confined to written statements. The witnesses sought to give oral evidence on country, accompanied by Elders, with site inspections, and for some, to give evidence as a group. Waratah Coal, the applicant for the mining lease, opposed these requests, considering them unnecessary and disproportionate.

The legal issues before the court involved determining whether the limitation of evidence in chief to written statements for First Nations witnesses would infringe on their cultural rights and, if so, whether such a limitation would be reasonable and demonstrably justifiable under the Human Rights Act 2019. The court had to balance the applicant's procedural preferences against the potential impact on the cultural rights of the witnesses.

The court found that the confinement of evidence in chief to written statements would indeed limit the cultural rights of the First Nations witnesses. It further determined that this limitation was not reasonable and demonstrably justifiable. Consequently, the court ruled that it would take evidence from the witnesses in the manner they proposed. The court's decision was grounded in the necessity to protect the cultural rights of the witnesses and ensure their evidence was presented in a manner that respected their traditions and community practices.

The final orders of the court mandated that evidence be taken from the First Nations witnesses on country, in the manner proposed by them, with final orders to be made in consultation with the parties. Costs were reserved unless a party applied for a different order within seven days, in which case the court would make directions on that application.