Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taylor v Fortescue Metals Group Ltd [2012] FCA 52 Citation: Taylor v Fortescue Metals Group Ltd [2012] FCA 52
Appeal from: Fortescue Metals Group Ltd/FMG North Pilbara Pty Ltd/Western Australia/Johnson Taylor and Others on behalf of Njamal [2011] NNTTA 66
Parties: JOHNSON TAYLOR, RODNEY MONAGHAN, MAURICE COPPIN, ALICE MITCHELL, L.W. (NAME WITHHELD FOR CULTURAL REASONS), KEVIN ALLEN, TONY TAYLOR, WILLIE JUMBO, AND JEAN WALKER ON BEHALF OF THE NJAMAL PEOPLE v FORTESCUE METALS GROUP LTD, THE STATE OF WESTERN AUSTRALIA and FMG NORTH PILBARA PTY LTD
File number: WAD 151 of 2011
Judge: SIOPIS J
Date of judgment: 6 February 2012
Catchwords: NATIVE TITLE – future act – right to negotiate – native title party objected to negotiation party using a former employee of a representative body as a solicitor during the course of negotiations – native title party contended that solicitor disqualified on common law grounds from acting for negotiation party – negotiation party took advice of independent counsel in respect of native title party's objection – counsel advised that solicitor was not disqualified – whether negotiation party did not negotiate in good faith by continuing to use solicitor – whether notice of appeal under s 169(1) of the Native Title Act 1993 (Cth) disclosed a question of law.
Legislation: Native Title Act 1993 (Cth) ss 29, 31(1), 35, 36(2), 38, 155, 169(1), 169(6), s 169(7) Administrative Appeals Tribunal Act 1975 (Cth) s 44
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