Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weribone on behalf of the Mandandanji People v State of Queensland (No 2) [2013] FCA 485 Citation: Weribone on behalf of the Mandandanji People v State of Queensland (No 2) [2013] FCA 485
Parties: LESLIE WERIBONE AND OTHERS ON BEHALF OF THE MANDANDANJI PEOPLE v STATE OF QUEENSLAND AND OTHERS (ACCORDING TO THE SCHEDULE)
File number: QUD 366 of 2008
Judge: RARES J
Date of judgment: 23 May 2013
Catchwords: COURTS AND JUDGES – power of the Court to make interlocutory orders to protect or prevent frustration or abuse of its process pending determination of application for determination of native title under s 225 of Native Title Act 1993 (Cth) – power of Court to make interlocutory orders under ss 22 and 23 of Federal Court of Australia Act 1976 (Cth) in proceedings for determination of native title under s 225 of Native Title Act 1993 (Cth) – power to protect and prevent frustration of Court's processes as incident of final relief – whether Court has jurisdiction to grant interlocutory relief affecting moneys paid or payable pursuant to indigenous land use agreements (ILUAs) made under the Native Title Act 1993 (Cth) in proceedings seeking determination of native title – where anthropological dispute as to who are persons with native title rights and interests in claim area – where status of applicant under the Native Title Act 1993 (Cth) used to receive benefits under ILUAs and s 31 agreements – whether fiduciary duties owed by persons with procedural rights as native title claimants to ultimate native title holders – whether interlocutory orders sufficiently related to final relief sought in the particular proceedings before the Court, being the determination of native title under s 225 of the Native Title Act 1993 (Cth) – where final relief under s 225 could cause automatic removal of ILUAs from Register of ILUAs under s 199C(1) of the Native Title Act 1993 (Cth) Held: interlocutory orders made on 15 March 2013 were within power of the Court
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