Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Isaacs on behalf of the Turrbal People v State of Queensland [2011] FCA 828 Citation: Isaacs on behalf of the Turrbal People v State of Queensland [2011] FCA 828
Parties: CONNIE ISAACS AND MAROOCHY BARAMBAH ON BEHALF OF THE TURRBAL PEOPLE v STATE OF QUEENSLAND AND OTHERS
File number: QUD 6196 of 1998
Judge: REEVES J
Date of judgment: 25 July 2011
Catchwords: NATIVE TITLE – leave to permit representation by unqualified person pursuant to s 85 of the Native Title Act 1993 (Cth) – consideration of circumstances in which leave should be granted – overriding consideration is administration of justice – discretion to grant leave exercised only when advancing the effective, efficient and expeditious disposal of litigation – complexity of litigation will weigh against the exercise of discretion to grant leave HELD – leave to be represented by an unqualified person is refused
Legislation: Native Title Act 1993 (Cth) ss 84, 85 Federal Court Rules O 78 r 42A Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 37P
Cases cited: Harrington-Smith on behalf of the Wongatha People v State of Western Australia [2002] FCA 871 Damjanovic v Maley (2002) 55 NSWLR 149; [2002] NSWCA 230 Adnyamathanha People No 1 v The State of South Australia [2004] FCA 950 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321
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