Quall v Northern Territory of Australia [2011] FCA 1441

FEDERAL COURT OF AUSTRALIA

Quall v Northern Territory of Australia [2011] FCA 1441 Citation: Quall v Northern Territory of Australia [2011] FCA 1441

Parties: KEVIN LANCE (TIBBY) QUALL v NORTHERN TERRITORY OF AUSTRALIA & ORS

File numbers: NTD 6026 of 1998 NTD 6039 of 1998 NTD 6009 of 1999 NTD 6010 of 1999 NTD 6011 of 1999 NTD 6002 of 2000 NTD 6003 of 2000

Judge: REEVES J

Date of judgment: 16 December 2011

Catchwords: NATIVE TITLE – application under O 20 r 4 (Rule 26.01) for summary dismissal of six native title claims and one native title compensation claim – native title determination application claim area split into Areas A and B – see earlier determination that no native title exists for Area A because traditional Aboriginal society that existed at sovereignty had a substantial interruption in acknowledgement and observance of traditional laws and customs – attempts to have claim group(s) restructured and expanded since earlier decision – previous opportunity to fully litigate fundamental issues – issues substantially similar or the same as those previously finally determined – no relevant or significant fresh evidence adduced – relitigation of issues oppressive – abuse of court processes – contrary to finality of litigation principles Held – the application is granted

Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Federal Court Rules, O 20 r 4(2)(b) Federal Court Rules 2011, Rules 1.04 Native Title Act 1993 (Cth) Cullen Bay Marina Act 1992 (NT) Validation of Titles and Actions Act 1994 (NT) Native Title (Federal Court) Regulations 1998