The Court summarily dismissed two competing native title determination applications as abuses of process and vexatious, holding that claims irreconcilable with an existing native title determination in rem, brought at an advanced stage of related proceedings without adequate explanation for delay, and involving claim group members who had previously brought unsuccessful competing claims, were unjustifiably oppressive and would bring the administration of justice into disrepute. The Court further held that s 23 of the Federal Court of Australia Act empowers the Court to order that no originating application covering the same claim area may be filed without leave of a judge, distinguishing Inglis on the basis that the restraint relates to the subject matter of proceedings of which the Court is presently seized rather than a blanket prohibition on a particular litigant. The Court left unresolved whether r 2.27 of the Federal Court Rules independently supports such a filing restriction on originating applications.
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