Federal Court of Australia
Federal Court of Australia
QGC Pty Limited v Alberts (No 2) [2021] FCA 540 File number(s): QUD 334 of 2018
Judgment of: RARES J
Date of judgment: 29 April 2021
Catchwords: NATIVE TITLE – construction of area Indigenous Land Use Agreement (ILUA) under s 24CA Native Title Act 1993 (Cth) – where nominated entity ceased to satisfy requirements of ILUA after being placed in administration and liquidation – where ILUA required payments to nominated entity established for the benefit of families comprising claim group – where ILUA not expressly provide for mechanism to replace nominated entity – whether possible to imply term in fact in ILUA CONTRACT – statutory contract – where s 24EA(1) of Native Title Act deems ILUA to be made between parties and all persons holding native title in area – where ILUA made no provision for likely event – implication of term in fact – whether general law principles for implication of term in fact applicable to an ILUA – whether ILUA providing payment for future act should be construed as commercial contract – construction of ILUA to produce commercial result and avoid commercial inconvenience
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