Turrbal People v State of Queensland [2002] FCA 1082

FEDERAL COURT OF AUSTRALIA

Turrbal People v State of Queensland [2002] FCA 1082 NATIVE TITLE – notice of motion in native title proceedings seeking injunction against construction of Aboriginal cultural centre on land the subject of native title claim of Turrbal People and notice of motion seeking injunction on all current and future acts on lands and waters identified in native title claim of Turrbal People – whether stated acts of State of Queensland were "racially discriminatory" against Turrbal People – applicability of Turrbal customary law – no equitable or legal right claimed to have been infringed – whether there is a serious question to be tried – whether balance of convenience favours the granting of an injunction – delay of more than three years between granting of Deed of Grant in Trust and application for injunctive relief – provision for compensation under Native Title Act 1993 (Cth) – unspecific, uncertain and hypothetical nature of relief sought Native Title Act 1993 (Cth), Part 2, Division 3; ss 24JA, 24JB, 233 Associations Incorporation Act 1981 (Qld) Racial Discrimination Act 1975 (Cth) Land Act 1994 (Qld), s 59(1) Walker v State of New South Wales (1994) 182 CLR 45, followed Patrick Stevedores v Maritime Union of Australia (1998) 195 CLR 1, followed Fejo v Northern Territory of Australia (1998) 195 CLR 96, cited The Lardil Peoples v State of Queensland (2001) 108 FCR 453, cited Australian Broadcasting Corporation v Lenah Game Meats Proprietary Limited (2001) 76 ALJR 1, followed Australian Coarse Grain Pool Pty Ltd v Barley Marketing Board of Queensland (No 1) (1982) 46 ALR 398, cited Castlemaine Tooheys v South Australia (1986) 161 CLR 148, cited Western Australia v Ben Ward [2002] HCA 28, analysed Western Australia v Commonwealth (1995) 183 CLR 373, cited