QGC Pty Limited v Alberts (No 4) [2022] FCA 1590

Federal Court of Australia

QGC Pty Limited v Alberts (No 4) [2022] FCA 1590 File number(s): QUD 334 of 2018

Judgment of: RARES J

Date of judgment: 23 December 2022

Catchwords: NATIVE TITLE – construction of indigenous land use agreement (ILUA) entered under Native Title Act 1993 (Cth) – where ILUA required mining company to pay benefits to nominated entity to hold on trust for native title holders – where original nominated entity placed into liquidation – where ILUA required native title party to notify company of name and address of new nominated entity – whether ILUA required notice to be given by each individual who signed ILUA or by native title party as a whole – whether ILUA required benefits to be distributed on per capita basis or to each family comprising the native title party in equal shares EQUITY – multiple persons owing fiduciary obligations – where disagreement between fiduciaries as to course of action – whether fiduciaries can act by majority or only unanimously LEGAL PRACTITIONERS – whether, when and how solicitor's equitable right or lien over proceeds of judgment, award or compromise arises – where applications brought by solicitor on behalf of native title party unsuccessful but ultimately parties negotiated compromise – whether actions of solicitor sufficiently caused result of judgment, award or compromise – Held: equitable right or lien established