Farao v Regional Land Claims Commissioner and Others

Mr Christoffel Farao, purporting to act as representative of the Farao family, applied to intervene in two long-running Land Court matters concerning the Saron Community’s land restitution claim. The Saron Community lodged restitution claims in 1998, which generated extensive litigation under case numbers LCC 122/2009 and LCC 129/2012, primarily PAJA review applications challenging actions of the Regional Land Claims Commissioner. In May 2020, Canca J ordered that all proceedings under those case numbers be stayed and could not proceed without written leave of the Judge President, and confirmed that a duly elected section 10(4) committee represented the Saron Community. Despite the stay remaining in force, Mr Farao sought leave in 2025 to intervene in those matters and requested that disputes be referred to mediation and that legal representation be ordered. The Regional and Chief Land Claims Commissioners opposed the application, contending that the matters were stayed, that Mr Farao lacked standing, and that any grievances should be pursued through review proceedings or internal community processes.

The application to intervene in matters LCC 122/2009 and LCC 129/2012 was dismissed. No order as to costs was made.

The judgment clarifies that proceedings stayed by court order are not susceptible to joinder or intervention until the stay is lifted, reinforcing procedural finality and judicial control over litigation. It also affirms the exclusive statutory authority of elected section 10(4) committees to represent claimant communities in restitution matters and delineates the limits of beneficiary participation in ongoing litigation.