Gebadi v Woosup (No 2) [2017] FCA 1467

FEDERAL COURT OF AUSTRALIA

Gebadi v Woosup (No 2) [2017] FCA 1467 File number(s): QUD 244 of 2016

Judge(s): GREENWOOD J

Date of judgment: 7 December 2017

Catchwords: EQUITY – consideration of whether the respondents as persons constituting an applicant for the purposes of bringing a native title determination application under s 61 of the Native Title Act 1993 (Cth) owe fiduciary duties to the holders of the common or group rights and interests comprising the particular native title claimed – consideration of that question in the context of the Ankamuthi native title determination application QUD 6158 of 1998 EQUITY – consideration of the scope of the duties owed by the respondents to the holders of the common or group rights and interests the subject of the Ankamuthi native title determination application – consideration of whether the respondents breached the duties owed to the holders of the common or group rights or interests the subject of the Ankamuthi native title determination application – consideration of the remedies to be granted in respect of such breaches NATIVE TITLE – consideration of the relationship between the statutory arrangements under the Native Title Act 1993 (Cth) and the circumstances in which persons constituting an applicant for the purposes of a native title determination application under the Native Title Act 1993 (Cth) are taken to have assumed, agreed or undertaken to act in the best interests of, and for and on behalf of, the holders of the common or group rights and interests the subject of a native title determination application

Legislation: Native Title Act 1993 (Cth), ss 3(a), 3(b), 4(3), 13, 24IC, 25, 26, 28, 29, 30, 30A, 31, 32, 33, 50(2), 56(2)(a), 57(1), 61, 66B, 223, 233 and 253