Weribone on behalf of the Mandandanji People v State of Queensland

Weribone on behalf of the Mandandanji People brought an action against the State of Queensland, seeking recognition of their native title rights. The dispute centred on the authorisation of a change of legal representation for the applicant, which was filed by one of the representatives of the Mandandanji People. The matter was before the Federal Court of Australia.

The court was required to decide whether the applicant could authorise the change of solicitor through a majority decision of those representing the Mandandanji People and whether the term "jointly" in the relevant legislation permitted such a majority decision. Additionally, the court needed to determine whether the native title claim group could direct the applicant on how to prosecute the claim.

The court held that the applicant could not act by a majority decision. The term "jointly" meant that all persons representing the applicant must agree on the change of solicitor. Furthermore, the native title claim group did not have the authority to direct the applicant on how to conduct the proceedings. The court dismissed the interlocutory application filed by Mr Hardie, maintaining Queensland South Native Title Services as the solicitor on the record. The court extended the time for the applicant to serve their connection material, but made no order regarding costs.

The court ordered the Registrar to remove the Notice of Change of Lawyer from the file and return it to Mr Hardie. The interlocutory application was dismissed, and the time for serving connection material was extended to 13 October 2011. The court maintained Queensland South Native Title Services as the solicitor for the applicant and made no order as to costs. The orders were entered in accordance with Rule 39.32 of the Federal Court Rules 2011.