Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smirke on behalf of the Jurruru People v State of Western Australia [2017] FCA 825 File numbers: WAD 6007 of 2000 WAD 327 of 2012 WAD 490 of 2016
Judge: BARKER J
Date of judgment: 5 July 2017
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to restrain counsel from acting for applicant or respondents in proceedings – where proceedings involve overlap dispute – conflict of interest – whether counsel acting against interests of former client – whether counsel in possession of confidential information relevant to overlap dispute
Cases cited: Kallinios v Hunt (2005) 64 NSWLR 561; [2005] NSWSC 1181
Date of hearing: 5 July 2017
Registry: Western Australia
Division: General Division
National Practice Area: Native Title
Category: Catchwords
Number of paragraphs: 22
Counsel for the Yinhawangka Gobawarra Applicant: Ms T Jowett
Solicitor for the Yinhawangka Gobawarra Applicant: Cross Country Native Title Services
Counsel for the Jurruru Respondents: Mr A Sharpe
Solicitor for the Jurruru Respondents: Yamatji Marlpa Aboriginal Corporation
Counsel for the State of Western Australia: Mr G Ranson
Solicitor for the State of Western Australia: State Solicitors Office
ORDERS WAD 6007 of 2000
BETWEEN: TOBY SMIRKE & ORS (JURRURU) Applicant
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