Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goldfields Land and Sea Council Aboriginal Corporation v Minister for Indigenous Affairs [2019] FCA 2010 File number: WAD 243 of 2019
Judge: BANKS-SMITH J
Date of judgment: 27 November 2019
Date of publication of reasons: 28 November 2019
Catchwords: ADMINISTRATIVE LAW - application for interlocutory injunction - applicant previously native title representative body - where applicant not invited to apply for recognition as representative body for further period - where applicant provided with funding on transitional basis to provide native title services - where Grant Thornton appointed to oversee transition and change management - where new provider of native title services appointed - where decision made to fund new provider - where funding to applicant ceased - where judicial review sought of Minister's decision not to invite application for recognition and of delegate's funding decision - where injunction sought to compel funding only to Grant Thornton pending determination of judicial review - balance of convenience - serious question to be tried - application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) Native Title Act 1993 (Cth) ss 203A, 203AD, 203B, 203BA, 203FE, Part 11, Divisions 2 and 3
Cases cited: Frigger v Trenfield [2019] FCA 1746 Ocean Dynamics Charter Pty Ltd v Hamilton Island Enterprises Limited [2015] FCA 460
Date of hearing: 27 November 2019
Registry: Western Australia
Division: General Division
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