Federal Court of Australia
Federal Court of Australia
Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 3) [2021] FCA 785 File numbers: QUD 178 of 2018 QUD 143 of 2015 QUD 746 of 2015 QUD 350 of 2017 QUD 351 of 2017 QUD 728 of 2017
Judgment of: COLLIER J
Date of judgment: 12 July 2021
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for order that lawyers of various respondents answer interrogatories – enjoinder application made following evidence emerging during cross-examination to restrain lawyers acting – whether inherent jurisdiction of Court to protect the due administration of justice engaged – whether Court should dispense with compliance with r 21.02 Federal Court rules 2011 (Cth) – whether prospect of claim of legal professional privilege relevant – whether interrogatories available in respect of interlocutory application rather than substantive pleadings – detailed affidavit material filed in proceeding by applicant – where applicant for enjoinder application a stranger to retainer – whether fishing
Legislation: Australian Solicitors Conduct Rules 2012 (Qld) r 37 Federal Court Rules 2011 (Cth) rr 1.34, 21.02 Legal Profession Act 2007 (Qld) s 7 Native Title Act 1993 (Cth)
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