Kaurareg Native Title Aboriginal Corporation RNTBC v Torres Shire Council [2019] FCA 746

FEDERAL COURT OF AUSTRALIA

Kaurareg Native Title Aboriginal Corporation RNTBC v Torres Shire Council [2019] FCA 746 File number: QUD 315 of 2019

Judge: LOGAN J

Date of judgment: 17 May 2019

Catchwords: PRACTICE AND PROCEDURE – interlocutory injunctions – where applicants are native title holders and has outstanding native title claims – where respondent seeks to undertake public works on areas possibly subject to native title – invalid future acts – where applicants submit that the public works would be an invalid future act – where no usual undertaking as to damages has been offered – where any harm is not reparable by damages – where respondent would incur costs in delaying public works – interim injunction granted. NATIVE TITLE – invalid future acts – where applicants submit the respondent will undertake public works which will constitute an invalid future act – where any harm is not reparable by damages – whether a usual undertaking as to damages is a necessary condition for the grant of an injunction – interim injunction granted.

Legislation: Native Title Act 1993 (Cth)

Cases cited: Ross v State Rail Authority of New South Wales (1987) 70 LGRA 91

Date of hearing: 17 May 2019

Registry: Queensland

Division: General Division

National Practice Area: Native Title

Category: Catchwords

Number of paragraphs: 23

Counsel for the Applicants: Mr G Carter

Solicitor for the Applicants: Holman Webb Lawyers

Counsel for the Respondents: Mr M Jonsson QC

Solicitor for the Respondent: Preston Law

ORDERS QUD 315 of 2019

BETWEEN: KAURAREG NATIVE TITLE ABORIGINAL CORPORATION RNTBC First Applicant