Wharton on behalf of the Kooma People v State of Queensland (No 2)

The Kooma People, represented by Wharton, sought a determination of compensation under the Native Title Act 1993 (Cth) against the State of Queensland. The case involved an application for compensation in relation to native title rights and interests that were extinguished by the State's actions. The Federal Court was tasked with determining whether the applicant's compensation application complied with the statutory requirements, particularly in light of the applicant's attempt to amend the application to include a compensable act.

The legal issues before the Court included whether the original compensation application identified a compensable act as required by section 61(1) of the Act, and if the applicant's subsequent attempt to amend the application complied with section 61(5). The Court also considered the State's application to strike out the compensation application under section 84C of the Act, and whether the applicant should be granted leave to amend the application.

The Court found that the original compensation application did not identify a compensable act, and therefore did not comply with the statutory requirements. The applicant's attempt to amend the application to include a compensable act was deemed to be an attempt to add new claims, which was not permitted under the Act. The Court further held that the applicant's application for leave to amend the compensation application should be dismissed, and that the compensation application should be struck out. The Court considered the question of costs, directing the parties to file and serve written submissions on the matter.

In summary, the Court dismissed the applicant's amended interlocutory application and struck out the compensation application, and directed the parties to file written submissions on the question of costs. The orders of the Court were that the applicant's amended interlocutory application be dismissed, the applicant's compensation application be struck out, and the parties file and serve written submissions on the question of costs.