Taylor v Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation [2004] FCA 1010

FEDERAL COURT OF AUSTRALIA

Taylor v Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation [2004] FCA 1010

NATIVE TITLE – application for interlocutory relief – whether serious question to be tried – obligations of representative body under ss 203BC and 203BI of the Native Title Act 1993 (Cth) Native Title Act 1993 (Cth) ss 61B, 203BC, 203BI, 224, 253

JOHNSON TAYLOR & ORS v YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION

W267 OF 2004 LEE J 26 NOVEMBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W267 OF 2004

BETWEEN: JOHNSON TAYLOR

FIRST APPLICANT

JOE TAYLOR

SECOND APPLICANT

EDWARD MCPHEE

THIRD APPLICANT

AND: YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 26 NOVEMBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be amended by amending the name of the respondent to Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation. 2. The time for service of the applicants' notice of motion filed 26 November 2004 be abridged. 3. Service of the motion be effected by service on the Perth office of the respondent. 4. The respondent by its officers, employees or agents be restrained from providing representation or any other assistance to the Njamal native title claim group by the convening of a meeting of the group for the purpose of execution and/or implementation of any proposed agreement between Consolidated Minerals Limited (ACN 000 727 926) and the group, and be restrained from continuing to represent the group by advising the group that it may hold such meeting to propose, consider and pass resolutions for execution and/or implementation of any proposed agreement between Consolidated Minerals Limited (ACN 000 727 926) and the group conformably with the traditional laws and customs of the group. 5. The respondent is to notify the Njamal native title claim group of the above order. 6. The respondent has liberty to apply on short notice to remove the restraint. 7. The costs of the motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.