NTSCORP and Gomeroi Native Title in Dot Point

The current Gomeroi Applicant was authorised at a meeting convened by NTSCORP on 11th to 13th May 2013 and without providing any alternatives, NTSCORP attempted to permanently lock in their position as legal advisers to the Gomeroi Applicants. No other options were offered to the claimants at that May 2013 meeting.

Since May 2013, NTSCORP has acted inappropriately, incompetently and not in the best interest of the Gomeroi claimants. This incompetence includes the following conduct:

Failure by NTSCORP to hold sufficient Applicants' meetings;

Failure by NTSCORP to record minutes and resolutions arising from the few Applicant meetings that they held;

Failure by NTSCORP to provide consistent legal services by experienced native title solicitors;

Failure by NTSCORP solicitors and staff to pass all relevant information to the Applicants about the Gomeroi native title claim and Third Party negotiations that they were conducting on behalf of the Applicants;

Failure by NTSCORP to follow the Applicants direct instructions in respect of negotiations with Third Parties (mining companies) and the Gomeroi claim in QLD;

NTSCORP refusing to provide the Gomeroi files to the Gomeroi Applicants;

NTSCORP refusing to provide correspondence addressed to the Applicants by Third Parties;

Failure by NTSCORP to advance the Gomeroi native title claim in NSW with no work undertaken by NTSCORP over the past 18 months;

Repeated breaches by NTSCORP of the Applicants' confidentiality requirements and unauthorised disclosures of claimant material by NTSCORP;

Conflict of interest by NTSCORP when acting for other claimant groups who were opposed to the Gomeroi native title claim;

NTSCORP continually threatened the Applicants with their removal if they did not follow the directions of NTSCORP;

NTSCORP have repeatedly instigated Federal Court actions to stop the Gomeroi Applicants from advancing the Gomeroi claim and undertaking the work necessary to complete Third Party negotiations and to commence the Gomeroi claim in QLD.

All of these points show just how lazy, obstructive and incompetent that NTSCORP has been in dealing with the Gomeroi native title claim and all of the Gomeroi native title claim business. NTSCORP has betrayed the Gomeroi claimants and the Gomeroi Applicant has acted appropriately to terminate NTSCORP's involvement in all Gomeroi claim matters.

NTSCORP have called for yet another authorisation meeting as they hope to persuade the Gomeroi claim group to replace the current Gomeroi Applicant (elected in May 2013 by an overwhelming majority of claimants) with Applicants who they hope will be compliant and will only follow NTSCORP's directions and mismanagement.

As a result of NTSCORP's conduct as described, the current Gomeroi Applicants replaced NTSCORP with new solicitors, Mr Sam Hegney (a solicitor who is a well known and experienced solicitor in the Gomeroi claim area) and Mr Philip Teitzel (with in excess of 20 years of successful native title experience acting for claimants). As a result of those appointments and on the clear instructions of the current Applicants, the following has been achieved:

NTSCORP's application for their reinstatement as the Gomeroi solicitor was defeated in the Federal Court by our new solicitors;

NTSCORP's application for a court authorised claimant meeting was defeated by in the Full Federal Court by our new solicitors;

On 20th June 2016 Mr Teitzel informed the Federal Court that the Applicants would be in a position to advise the Federal Court of progression in the Gomeroi native title claim within two weeks of receiving the Gomeroi files from NTSCORP;

Similarly our new solicitors will expedite the commencement of the Gomeroi native title claim in Qld within 4 to 6 weeks of delivery of Gomeroi files by NTSCORP and subject to approved funding by the Commonwealth Government;

As instructed by the Applicants, our new solicitors have placed the NSW Government on notice concerning the loss of Crown Land in the Gomeroi claim area and have sought compensation for such losses;

As instructed by the Applicants, our new solicitors have completed negotiations and registration of a compensation agreement with Whitehaven Coal, which will provide at least 75 new full time employment opportunities for Gomeroi people exclusively;

As instructed by the Applicants, our new solicitors have prepared Trust Deeds for Charitable and Discretionary Trusts so that all Gomeroi people may obtain financial benefits from the establishment of Gomeroi's own commercial enterprise known as Gomeroi Country Services Pty Ltd;

As instructed by the Applicants, our new solicitors have undertaken preliminary environmental work with SANTOS to ensure the preservation and integrity of the water security in the Gomeroi claim area;

As instructed by the Applicants and through the Gomeroi administration, our new solicitors have provided formal notice to the NSW Government and the Murray Darling Authority of the claimants' native title rights and interests in relation to all waters in the Gomeroi claim area.

Despite obstruction, harassment and legal action by NTSCORP, the current Applicants and the new solicitors have achieved major outcomes and progress directly benefiting all Gomeroi claimants.