Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Henry v Sandlewood Aboriginal Projects Limited (No 3) [2021] FCA 728 File number: QUD 280 of 2017
Judge: RARES J
Date of judgment: 25 June 2021
Catchwords: PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 – where respondent in default under r 5.22 by failing to file a defence within 28 days of serve as required by r 16.32, attend any hearing in the proceeding and defend proceeding with due diligence
Legislation: Corporations Act 2001 (Cth) ss 180, 181, 182, 237 Native Title Act 1993 (Cth) Federal Court Rules 2011 rr 5.22, 5.23, 16.32
Cases cited: Henry v Sandlewood Aboriginal Projects Limited (No 2) [2019] FCA 2061 Henry v Western Downs Group Limited [2018] FCA 1168
Date of hearing: 25 June 2021
Registry: Queensland
Division: General Division
National Practice Area: Native Title
Number of paragraphs: 17
Counsel for the Applicants: Mr P Somers
Solicitor for the Applicants: Trevor Hauff Lawyers
Counsel for the First Respondent: Mr D Atkinson QC
Solicitor for the First Respondent: DLA Piper Australia
Counsel for the Intervener: Ms H Blattman
Solicitor for the Intervener: Crown Solicitor
ORDERS QUD 280 of 2017
BETWEEN: BEATRICE MAUD HENRY First Applicant
ELIZABETH JOHNSTON Second Applicant
GREGORY EMMERSON (and others named in the Schedule) Third Applicant
AND: SANDLEWOOD ABORIGINAL PROJECTS LIMITED ACN 095 897 565 First Respondent
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