Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 7) [2020] FCA 572

FEDERAL COURT OF AUSTRALIA

Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 7) [2020] FCA 572 File number: WAD 341 of 2017

Judge: MCKERRACHER J

Date of judgment: 30 April 2020

Catchwords: NATIVE TITLE – appointment of special administrator to aboriginal corporation under s 487-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) – application of administration provisions in Part 5.3A of the Corporations Act 2001 (Cth) to an aboriginal corporation under ss 499-10 and 521-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) CORPORATIONS – interpretation of s 440D of the Corporations Act 2001 (Cth) – whether cross-claims constitute separate proceedings 'against a company' or part of the principal proceeding – where cross-claims are defensive in nature CORPORATIONS – interpretation of s 440D of the Corporations Act 2001 (Cth) – whether an administrator's consent to the continuation of proceedings under s 440D(1)(a) can be withdrawn – where special administrator validly gave consent under s 440D(1)(a) – where special administrator purported to subsequently withdraw consent thereby reimposing a stay of proceedings CORPORATIONS – application under s 440D(1)(b) for leave to continue with proceedings against an aboriginal corporation under special administration – consideration of relevant factors for a grant of leave in Re Senvion GmbH (No 2) [2019] FCA 1732 PRACTICE AND PROCEDURE – application for a stay of proceedings – power of court to order a stay under ss 23 and 37M of the Federal Court of Australia Act 1976 (Cth) – interests of justice – overarching purpose and case management objectives