Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660

Federal Court of Australia

Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660 File number: NSD 70 of 2021

Judgment of: LEE J

Date of judgment: 19 June 2023

Date of publication of reasons: 20 June 2023

Catchwords: ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – class action – novel claim for interference with use and enjoyment of land, including traditional community and cultural uses – claim for reduction of value in land, and inconvenience and distress REPRESENTATIVE PROCEEDINGS – proposed settlement fair and reasonable – proposed settlement approved

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 24

Date of hearing: 19 June 2023

Counsel for the Applicants: Mr W A D Edwards SC with Ms K A Morris

Solicitor for the Applicants: Shine Lawyers

Counsel for the Respondent: Mr S J Free SC with Ms A E Munro

Solicitor for the Respondent: Australian Government Solicitor

ORDERS NSD 70 of 2021

BETWEEN: WRECK BAY ABORIGINAL COMMUNITY COUNCIL First Applicant

JULIE ANN FREEMAN Second Applicant

AND: COMMONWEALTH OF AUSTRALIA Respondent

JUDGE: LEE J DATE OF ORDER: 19 June 2023

THE COURT ORDERS THAT:

1. Pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) (FCA Act), the proposed settlement of the proceeding on the terms set out in the heads of agreement dated 23 May 2023 be approved. 2. Pursuant to s 33ZB of the FCA Act, all persons who are group members who have not opted out (Group Members) are affected and bound by Order 1. 3. The matter be stood over for a further case management hearing on a date to be fixed. 4. A copy of these reasons be provided to the 896 registered Group Members (in respect of whom the solicitors for the applicants have contact details). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.