Martens on behalf of the Kunggandji Gurrabuna People of Kamoi (Kimoi or Kimuy) v State of Queensland [2021] FCA 1577

Federal Court of Australia Martens on behalf of the Kunggandji Gurrabuna People of Kamoi (Kimoi or Kimuy) v State of Queensland [2021] FCA 1577 File number: QUD 21 of 2019

Judgment of: CHARLESWORTH J

Date of judgment: 16 December 2021

Catchwords: NATIVE TITLE – questions concerning the existence of native title referred to referees with the consent of the authorised applicant – referees expressing opinions as to the possession of native title at sovereignty in a defined area – Court adopting the referees' report – adoption of the report rendering claims in a proceeding factually untenable in the defined area – native title claimant application dismissed pursuant to r 28.67(1)(e) of the Federal Court Rules 2011 (Cth) – decision of Registrar of National Native Title Tribunal not to accept a native title claimant application for registration – avenues of appeal and review of the Registrar's decision exhausted – applicant unwilling to amend claim – native title claimant application unlikely to be amended in a way that would lead to a different outcome upon reconsideration by the Registrar – no other reason why application should not be dismissed – relevance of likelihood of success of amended proceedings confined to particular parts of the current claim area – balance of native title claimant application dismissed pursuant to s 190F(6) of the Native Title Act 1993 (Cth)