Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) [2019] FCA 2115

FEDERAL COURT OF AUSTRALIA

Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) [2019] FCA 2115 File number: QUD 25 of 2019

Judge: REEVES J

Date of order: 12 December 2019

Date of judgment: 11 December 2019

Catchwords: NATIVE TITLE – applications for joinder of respondent parties – application to prevent the lawyer for the joinder applicants from continuing to act for them – whether it is in the interests of justice that the joinder applicants be joined as respondent parties – whether there is a real and sensible possibility of the misuse of confidential information – whether a fair-minded, reasonably informed member of the public would conclude that the proper administration of justice requires the joinder applicants' lawyer to be prevented from acting

Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth)

Cases cited: Alvoen on behalf of the Wakaman People #3 v State of Queensland [2019] FCA 1469 Carindale Country Club Estate Pty Limited v Astill (1993) 42 FCR 307 Dealer Support Services Pty Ltd v Motor Trades Association of Australia Ltd (2014) 228 FCR 252; [2014] FCA 1065 Durban Roodepoort Deep, Limited v Mark David Reilly and Glenn Robert Featherby As Administrators of The Deed of Company Arrangement of Laverton Gold NL (Subject to Deed of Company Arrangement) & Ors [2004] WASC 269 Farrow Mortgage Services Pty. Ltd. (In liq.) v Mendall Properties Pty. Ltd. and Others [1995] 1 VR 1 Foster on behalf of the Gunggari People #4 v State of Queensland [2019] FCA 1300 Gamogab v Akiba (2007) 159 FCR 578; [2007] FCAFC 74 Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109; [2001] FCA 1229 Nash v Timbercorp Finance Pty Ltd (in liq), in the matter of the bankrupt estate of Nash [2019] FCA 957 Sent and Primelife Corporation Limited v John Fairfax Publication Pty Ltd [2002] VSC 429