Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mumbin v Northern Territory of Australia (No 1) [2020] FCA 475 File numbers: NTD 57 of 2017 NTD 46 of 2018
Judge: GRIFFITHS J
Date of judgment: 14 April 2020
Catchwords: PRACTICE AND PROCEDURE – proceedings NTD 57 of 2017 (Jawoyn Claim) and NTD 46 of 2018 (Katherine Families Claim) being heard together as the "Katherine Proceeding" – interlocutory application filed on behalf of the applicant in the Katherine Families Claim seeking to restrain the applicant in the Jawoyn claim from engaging a certain counsel – grounds to restrain counsel established – failure to demonstrate waiver of any objection to counsel's retainer – failure to satisfy Court that relief should be withheld on basis of delay or acquiescence NATIVE TITLE – consideration of identity of "client" for the purposes of any claim of legal professional privilege – Katherine Families Claim applicant found to be successor to applicants in earlier discontinued proceedings – Katherine Families Claim applicant to be viewed as the client for the purposes of any claim of legal professional privilege or access to confidential material in respect of the earlier discontinued proceedings
Legislation: Evidence Act 1995 (Cth), ss 79, 135 Native Title Act 1993 (Cth), ss 56 and 57, 61, 62, 66B, s 85A, s 203BE, s 251A, s 251B Federal Court Rules 2011 (Cth), r 23.11
Cases cited: Dealer Support Services Pty Ltd v Motor Trades Association of Australia Ltd [2014] FCA 1065; 228 FCR 252 Farrow Mortgage Services Pty Ltd (In liq) v Mendall Properties Pty Ltd [1995] 1 VR 1 Geelong School Supplies Pty Ltd v Dean [2006] FCA 1404; 237 ALR 612 Grimwade v Meagher [1995] 1 VR 446 Guy v Crown Melbourne Ltd [2017] FCA 1104 Jing Li v Jin Lian Group Pty Ltd [2018] NSWSC 479 Lennon v State of South Australia [2010] FCA 743; 217 FCR 438 Macquarie Bank Ltd v Myer [1994] VR 350 McGlade v Native Title Registrar [2017] FCAFC 10; 251 FCR 172 North Ganalanja Aboriginal Corporation v The State of Queensland QGC Pty Limited v Bygrave [2010] FCA 659; 186 FCR 376 Re Nash v Timbercorp Finance Ltd (In liq) [2019] FCA 957; 137 ACSR 189 Smirke and Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) [2019] FCA 2115 Smirke on behalf of the Jurruru People v Western Australia [2017] FCA 825 Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia (No 2) [2019] FCA 1551
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