The government’s proposed changes to the Native Title Act were made necessary by a Federal Court decision earlier this year that invalidated an ILUA in Western Australia because it did not have the support of all traditional owners.

The amendments would make it easier for companies such as Adani to secure ILUAs from traditional owners, as they would only need agreement from a majority of traditional owners, not unanimous consent.

They were unexpectedly delayed in the Senate last week when Labor refused to sign off on them. They are now expected to be passed in June.

The applicants in the case belong to the Wangan and Jagalingou Family Council, traditional owners of the Galilee Basin, which is the site of Adani’s proposed Carmichael coal mine.

Lawyers for the traditional owners claim that without the government’s proposed native title amendments, the traditional owners' case is a slam dunk victory, which is why Brandis has intervened to delay a decision.