Glencore Coal Pty Limited v Franks [2020] FCA 1801

Federal Court of Australia

Glencore Coal Pty Limited v Franks [2020] FCA 1801 File number: NSD 1299 of 2020

Judgment of: KATZMANN J

Date of judgment: 15 December 2020

Catchwords: PRACTICE AND PROCEDURE — application for release from Harman undertaking regarding expert report produced in native title proceedings — report sought to be used for purpose of making representations regarding application under s 10 of Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) by applicants in the native title proceedings — whether special circumstances exist — whether in the interests of justice to grant the application — extent of commonality of proceedings — attitude of author — delay in making application — prejudice to s 10 applicants and third parties — where issues addressed by expert report differ from issues to be considered on the s 10 application, whether report would contribute to the achievement of justice in the s 10 application

Legislation: Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) ss 3, 10 Native Title Act 1993 (Cth), ss 62, 223

Cases cited: Australian Prudential and Regulation Authority v Rural & General Insurance Limited (ACN 000 007 492) [2006] FCA 151 Central Queensland Cement Pty Ltd v Hardy [1989] 2 Qd R 509 Crest Homes Plc v Marks [1987] 1 AC 829 Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3 Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 21 Sweetman v Australian Thoroughbred Finance Pty Ltd (Federal Court of Australia, 23 July 1992, unreported) Williams v Minister for the Environment & Heritage [2003] FCA 627