Melville on behalf of the Pitta Pitta People v State of Queensland [2022] FCA 387

Federal Court of Australia

Melville on behalf of the Pitta Pitta People v State of Queensland [2022] FCA 387 File number(s): QUD 327 of 2020

Judgment of: MORTIMER J

Date of judgment: 13 April 2022

Catchwords: NATIVE TITLE – compensation application – where native title determined to exist – where prescribed body corporate nominated to hold native title in trust on behalf of common law holders – where members of the native title determination applicant filed compensation application, rather than the prescribed body corporate – applications for strike out or summary dismissal – authorisation of compensation applicant – standing of compensation applicant – applications for strike out or summary dismissal dismissed PRACTICE AND PROCEDURE – strike out or summary dismissal – whether the application has reasonable prospects of success – relevance of potential delays to native title applications – novel questions of statutory construction – relevance of the lack of jurisprudence regarding compensation applications – applications for strike out or summary dismissal dismissed

Legislation: Acts Interpretation Act 1901 (Cth), s 23(b) Federal Court of Australia Act 1976 (Cth), ss 31A, 37M, 37N Native Title Act 1993 (Cth), ss 20, 22G, 23J, 49, 56, 61, 84C, 84D, 224, 251A, 251B Native Title Legislation Amendment Act 2021 (Cth), s 10(2), Sch 4 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth), reg 6(1)(a). Federal Court Rules 2011 (Cth), r 16.21 Native Title (Queensland) Act 1993 (Qld), ss 8A, 15, 20, 21, 23