Singleton on behalf of the Yirrganydji Peoples v State of Queensland [2021] FCA 316

Federal Court of Australia

Singleton on behalf of the Yirrganydji Peoples v State of Queensland [2021] FCA 316 File numbers: QUD 14 of 2019 QUD 337 of 2015 QUD 692 of 2016 QUD 21 of 2019 QUD 23 of 2019

Judgment of: CHARLESWORTH J

Date of judgment: 1 April 2021

Catchwords: NATIVE TITLE – multiple overlapping claims – parties entering a Deed providing for a procedure for the resolution of the overlaps – parties obtaining orders by consent for the appointment of two referees pursuant to s 54A of the Federal Court Act 1976 (Cth) and r 28.61 of the Federal Court Rules 2011 (Cth) – referees providing answers to three referred questions in a report provided to the Court – application by the State of Queensland for orders adopting the report in each proceeding – whether referees exceeded their authority by providing a report containing reasons for their opinions and certain intermediary findings of fact – whether the report is "invalid" in part – whether the reasons for the referees' opinions form a part of the "report" for the purpose of s 54A(3) and r 28.67 – whether the report should be adopted in the Court's discretion – consideration of any prejudice to an amended claim foreshadowed by a party yet to be formulated and commenced – consideration of nature and cause of the asserted prejudice – relevance of parties' contractual obligations to withdraw their claims to the extent that they are inconsistent with the referees' findings PRACTICE AND PROCEDURE – whether a referees' report provided in accordance with s 54A(1) of the Federal Court Act 1976 (Cth) can and should be adopted in the exercise of the discretion conferred under s 54A(3) of the Act or r 28.67 of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE –documents provided to referees in the course of an inquiry subject to an implied undertaking of the kind discussed in Home Office v Harman [1983] 1 AC 280 limiting the use to which the documents may be put – whether orders should be made having the effect of releasing the parties from any such undertaking