Federal Court of Australia
Federal Court of Australia
Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1872 File number: TAD 19 of 2020
Judgment of: MORTIMER J
Date of judgment: 24 December 2020
Catchwords: PRACTICE AND PROCEDURE – application by non-party for leave to intervene – where proceedings have been commenced seeking a declaration that the applicant is not an alien for the purposes of s 51(xix) of the Constitution – where the basis for the relief sought is that the applicant is an Aboriginal Australian – where the prospective intervener is a registered Indigenous Corporation that has recognised the applicant as an Aboriginal Australian
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37M and 37N Federal Court Rules 2011 (Cth) rr 1.33 and 9.12
Cases cited: Commonwealth v Tasmania [1983] HCA 21; 158 CLR 1 James Cook University v Ridd [2020] FCAFC 123; 298 IR 50 Love v Commonwealth [2020] HCA 3; 94 ALJR 198 Mabo v Queensland (No 2) [1992] HCA 23; 175 CLR 1 Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58; 214 CLR 422 Roadshow Films Pty Ltd v iiNet Ltd [2011] HCA 54; 248 CLR 37
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
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