Federal Court judge Berna Collier steps aside as Redland native title case resumes after three months
A case management hearing for a seven-year native title claim over 3500 lots of land in the bayside city of Redland is expected to resume this week before a new judge, after a three-month delay.
Redlands Coast
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A case management hearing for a seven-year native title claim over 3500 lots of land in the bayside city of Redland is expected to resume again this week before a new judge, after a three-month delay.
In April, Federal Court judge Berna Collier stepped away from hearing the matter due to a conflict of interest.
The next case management hearing, before a new judge yet to be named, will be on Wednesday at the Federal Court in Brisbane.
Court orders have been made setting out a new timetable but a full hearing on the matter is unlikely to be set down until next year.
Documents lodged with the Federal Court in 2017 show the Redland claim covers about 530 sq km of land on the mainland and six bay islands and included a cemetery, a tip and council chambers.
Federal MP Henry Pike, whose Bowman electorate covers Redland, said the city’s ratepayers were bearing the brunt of the “glacial” pace of the matter’s resolution.
Mr Pike said it was unfortunate presiding judge Berna Collier had to step down due to holding property within Redland city.
He said some of this year’s 5.51 per cent Redland rates rise could be slated back to the ongoing mounting native title legal costs and hoped this week’s case management hearing would put an end to delays.
“It is with trepidation that Redlanders have been opening their rate notices after general rates increased by 5.51 per cent and property valuations jumped by an average of 31 per cent,” Mr Pike said.
“It’s easy to point the finger at the council, but their rating decisions must be understood in the light of the Federal Government’s full retreat from its traditional support of local governments, which includes scrapping the Native Title Respondent Funding Scheme.
“Despite considerable cost increases for councils, Local Government was apportioned only 0.5 per cent of Commonwealth tax revenue in this year’s federal budget, down from 0.67 per cent previously.
“Redland ratepayers will now be forced to foot the entire legal bill to defend against the mammoth native title claim that has been made on more than 3500 Redland council-owned or managed properties.
“It was estimated that these legal costs for the Redlands could reach $210 million over the next decade.
“With limited revenue-raising options, and ever-increasing buck-passing from the federal and state governments, Redland ratepayers should brace for further rate rises over coming years.”
Mr Pike wrote to federal Attorney-General Mark Dreyfus last year asking the federal government to help pay for some of Redland council’s “mounting costs” in the ongoing litigation.
But in a responding letter, Mr Dreyfus refused to help pay the legal costs and said the federal government had abolished a native title scheme for respondents who could afford the litigation.
Mr Pike said it was still unknown whether ratepayers and the council would be forced to pay to rent council-managed land if the Native Title claim succeeded.
The Native Title claimants, the Quandamooka people, have said that the council would continue to manage and maintain public reserves if their claim is successful.
Quandamooka Yoolooburrabee Aboriginal Corporation and Redland City Council were contacted for this story.
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