Blair v First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People Aboriginal Corporation RNTBC [2022] FCA 1520

FEDERAL COURT OF AUSTRALIA

Blair v First Nations Bailai, Gurang, Gooreng Gooreng, Taribelang Bunda People Aboriginal Corporation RNTBC [2022] FCA 1520 File number(s): QUD 273 of 2022

Judgment of: HALLEY J

Date of judgment: 14 December 2022

Catchwords: NATIVE TITLE – where applicants filed an urgent interlocutory application for an injunction to restrain the first respondent from conducting a consultation meeting of common law holders on 17 December 2022 and special general meeting of the first respondent on 18 December 2022 and otherwise considering at any other meeting any resolution which amends its Rule Book in a way that impacts members' rights – where the first respondent holds native title in trust on behalf of the Bailai, Gurang, Gooreng Gooreng and Taribelang Bunda Peoples – where applicants have filed written applications to become members of the first respondent – where first respondent seeks to amend its Rule Book to comply with amendments to the Corporations (Aboriginal and Torres Strait Islander Act 2006 (Cth) and implement an alternative new membership structure (Proposed Amendments) – where applicants are not entitled to vote on the Proposed Amendments as membership applications have not yet been determined –interim injunction granted to the effect that until after judgment in these proceedings or further order, the first respondent be restrained from considering at any meeting or permitting to be decided upon or passed at such a meeting the resolution contained in the notice of special general meeting for meeting of first respondent proposed to be held on 18 December 2022 – where orders made granting leave to the applicants to file an amended originating process – where costs to follow the event