Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Akiba & Others on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 1) [2006] FCA 1102
NATIVE TITLE – parties – joinder – local government body – Torres Regional Sea Claim – local government area covering intertidal zones – joinder based on 'interests' of Shire Council in relation to exercise of its powers and operational activities – no evidence of infrastructure or activities within the claim area – application for joinder two and a half years after close of notification – adequacy of State Government representation – joinder application refused on discretionary grounds
Native Title Act 1993 (Cth) Local Government Act 1993 (Qld) s 15, s 18, s 20, s 25 Community Services (Torres Strait) Act 1984 (Qld) s 37, s 38 Local Government (Areas) Regulation 2005 LEO AKIBA, JOSEPH TABITII, GEORGE MYE AND NAPOLEON WARRIA ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM PEOPLE v STATE OF QUEENSLAND AND OTHERS QUD 6040 OF 2001
FRENCH J
18 AUGUST 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 6040 OF 2001
BETWEEN: LEO AKIBA, JOSEPH TABITII, GEORGE MYE AND NAPOLEON WARRIA ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM PEOPLE
Applicant
AND: STATE OF QUEENSLAND AND OTHERS
Respondent
JUDGE: FRENCH J DATE OF ORDER: 18 AUGUST 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
The motion filed 22 June 2005 by the Torres Shire Council is dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 6040 OF 2001
BETWEEN: LEO AKIBA, JOSEPH TABITII, GEORGE MYE AND NAPOLEON WARRIA ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM PEOPLE
Applicant
AND: STATE OF QUEENSLAND AND OTHERS
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate