TSRA engaged Marrawah Law (‘ML’) to provide advice and representation to the Kaurareg People as applicant and respondents in five separate proceedings that were listed ‘high priority’ by the Federal Court. At the time of taking carriage of the matter there was non-compliance with existing orders and other parties intimating they would bring strike out proceedings. Given the likelihood of strike out proceedings being brought all senior solicitors within Marrawah Law read in on various aspects of the matter to:
- develop a detailed workplan and budget that would comply with TSRA’s funding guidelines;
- develop a relationship with the clients and provide detailed advice regarding their options relating to the possible strike out and ongoing prosecution of the matter;
- negotiate with the main parties to the proceeding on the proposed timetable and orders to be presented to the Federal Court;
- act quickly to obtain expert material to enable the client to comply with the existing orders to nullify strikeout proceedings; and
- take urgent steps to commence mediation in relation to the intra-indigenous disputes.
There had been longstanding divisions between our client and the overlapping claims. The dispute was largely borne out of historical disputes relating to removals from country and an ongoing perception (real or otherwise) that our client continued to be treated as second class citizens. We identified early on that there needed to be an opportunity for each side to present their truth, demonstrate respect and reconcile following which boundary discussions could take place.
With the assistance of the Registrar, we made an informal request for preliminary case management conferences leading to a formal mediation taking place over several days. We worked intensively with our client and the solicitors for the other side to settle negotiation protocols and the agreed format for the mediation. We also exchanged position papers and anthropological reports. We sought out an experienced senior mediator who had the respect of all parties and carried authority. The mediation was successful and the parties moved forward to progress their respective applications.
Whilst the matter was on foot a number of interesting issues were also dealt with including:
- Application by the TSRA for the Judge to recuse herself;
- Strike out application made in relation to Torres Strait Regional Seas Claim by Cape York Land Council on behalf of an Indigenous respondent party;
- Application for various members of the claim group in the Torres Strait Regional Seas Claim to be added as respondent party as the remaining member of applicant could not speak for that country; and
- Various S66B applications.