Federal Court of Australia
Federal Court of Australia
QGC Pty Limited v Alberts [2020] FCA 1869 File number(s): QUD 334 of 2018
Judgment of: RARES J
Date of judgment: 21 December 2020
Catchwords: PRACTICE AND PROCEDURE – application by cross-claimants for four individuals to be joined to the proceedings under r 9.05 of Federal Court Rules 2011 – where individuals sought to be acknowledged as successors to deceased or incapacitated signatories of an area agreement registered on the Register of Indigenous Land Use Agreements under s 199B of the Native Title Act 1993 (Cth) – where no evidence other than self-assertion provided to support right as "successor" – land use agreement did not create rights transmissible on death to family members – reference to successors in agreement was to successors in office – application dismissed
Legislation: Native Title Act 1993 (Cth) ss 24CA, 24CD, 24CG, 199B, Federal Court Rules 2011 r 9.05
Cases cited: In re Delany, Conoley v Quick [1902] 2 Ch 642
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 13
Date of hearing: 21 December 2020
Solicitor for the Cross-Claimants: Mr T Hauff of Trevor Hauff Lawyers
Counsel for the Cross-Respondent: Ms E Longbottom QC
Solicitor for the Cross-Respondent: Norton Rose Fulbright
Counsel for the Eighth Respondent: Mr Graham Carter
Eleventh Respondent: Self-represented
Counsel for the Twelfth Respondent: Ms A Thakur
Solicitor for the Twelfth Respondent: Mitry Lawyers
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