Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jarraman Arts Aboriginal Corporation v Tourism Australia (as Successor in Title to the Australian Tourist Commission) (No 3) [2005] FCA 983
ABORIGINAL CORPORATIONS – consideration of operation of s 48 of the Aboriginal Councils & Associations Act 1976 (Cth) – where applicant member of Incorporated Aboriginal Association and undertook liability of association – whether lawful for applicant to undertake such liability
CONTRACT – enforceability of settlement agreement – whether agreement reached by unconscionable conduct
CONTRACT – enforceability of settlement agreements – whether agreements intended to give rise to mutual contractual obligations – whether terms of agreements were so vague and imprecise as to be unenforceable Aboriginal Councils & Associations Act 1976 (Cth), s 48 Aboriginal & Torres Strait Islander Act 2005 Aboriginal & Torres Strait Islander Commission Amendment Act 2005 (Cth) Aboriginal & Torres Strait Islander Commission Act 1989 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Companies Act 1855 (UK) Joint Stock Companies Act 1844 (UK)
Saloman v A Saloman & Co Ltd [1897] AC 22 cited Yango Pastoral Co Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410 cited Fitzgerald v FJ Leonhardt Pty Ltd (1997) 189 CLR 215 cited Australian Meat Holdings Pty Ltd v Kazi [2004] QCA 147 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited Masters v Cameron (1954) 91 CLR 353 cited Roberts v Gippsland Agricultural & Earth Moving Contracting Co. Pty Ltd [1956] VLR 555 cited Darling Downs Investments Pty Ltd v Ellwood (1988) 18 FCR 510 cited Macteldir Pty Ltd v Dimovski (2003) 132 FCR 492 cited Reid v Interarch Australia Pty Ltd [2000] FCA 1328 cited
Phillips v Walsh (1990) 20 NSWLR 206 cited McDermott v Black (1940) 63 CLR 161 cited JARRAMAN ARTS ABORIGINAL CORPORATION & SHIRLEY ANNE COLLINS v TOURISM AUSTRALIA (AS SUCCESSOR IN TITLE TO THE AUSTRALIAN TOURIST COMMISSION & ABORIGINAL & TORRES STRAIT ISLANDER COMMISSION & DELOITTE TOUCHE TOHMATSU & AUSLINK PTY LTD NTD 11 of 2004 JARRAMAN ARTS ABORIGINAL CORPORATION v ABORIGINAL & TORRES STRAIT ISLANDER COMMISSION NTD 15 of 2004 MANSFIELD J 21 JULY 2005 DARWIN
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