Akiba on Behalf of the Torres Strait Regional Sea Claim Group v State of Queensland [2010] FCA 321

FEDERAL COURT OF AUSTRALIA

Akiba on Behalf of the Torres Strait Regional Sea Claim Group v State of Queensland [2010] FCA 321 Citation: Akiba on Behalf of the Torres Strait Regional Sea Claim Group v State of Queensland [2010] FCA 321

Parties: LEO AKIBA AND GEORGE MYE ON BEHALF OF THE TORRES STRAIT REGIONAL SEA CLAIM GROUP v STATE OF QUEENSLAND

File number(s): QUD 6040 of 2001

Judges: GREENWOOD J

Date of judgment: 1 April 2010

Catchwords: NATIVE TITLE – consideration of an application to set aside a subpoena issued to the Torres Strait Regional Authority compelling production of a report – consideration of the question of whether the costs incurred by the TSRA of the motion to set aside ought to be ordered against the issuing party – consideration of the application of s 85A to that application – consideration of whether the issue of the subpoena and the motion to set aside form part of the s 61 Native Title Determination Application – consideration of the nature of the issuing party's interest in the s 61 application – consideration of the principles to be applied in exercising the discretion under s 85A of the Native Title Act 1993 (Cth) – consideration of the source of the Federal Court's jurisdiction – consideration of the principles to be applied in determining whether a cost order ought to be made in circumstances where there has been no hearing on the merits PRACTICE AND PROCEDURE – consideration of an application to set aside a subpoena – consideration of whether costs incurred by the addressee in seeking to set aside a subpoena ought to be the subject of an order against the issuing party – consideration of the application of s 85A of the Native Title Act 1993 (Cth) – consideration of whether a costs order ought to be made in circumstances where there has been no hearing on the merits