Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bill v Northern Land Council [2018] FCA 1823 File number: NTD 36 of 2017
Judge: WHITE J
Date of judgment: 22 November 2018
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend the Originating Application and Statement of Claim – Applicants have no reasonable prospect of successfully prosecuting the pleaded claims against the Respondent – Applicants will not be able to establish that they have suffered actionable loss – application refused. PRACTICE AND PROCEDURE – application to constitute the action as a representative proceeding pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) (the FCA Act) – application refused. PRACTICE AND PROCEDURE – application for summary dismissal of the proceedings under s 31A(2) of the FCA Act and rr 26.01(1)(a), 26.01(1)(c) and 26.01(1)(d) of the Federal Court of Australia Rules 2011 (Cth) – Applicants have no reasonable prospect of establishing that, as individuals, they suffered actionable loss – application allowed.
Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) ss 3, 5(2), 4(1), 21, 23, 23AA, 27, 35(4), 71, 77A Commonwealth Radioactive Waste Management Act 2005 (Cth) ss 3A, 3C, 7, 9, 15 Federal Court of Australia Act 1976 (Cth) ss 31A, 33C, 33H National Radioactive Waste Management Act 2012 (Cth) ss 3, 5, 6, 7, 9, 10, 14, 36 Native Title Act 1993 (Cth) Pt 11 Federal Court Rules 2011 (Cth) rr 16.02, 16.03, 16.21, 16.43, 22.06 Limitation Act (NT) s 12(1)
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