Wreck Bay Aboriginal Community Council v Commonwealth of Australia (No 2) [2023] FCA 811

Federal Court of Australia

Wreck Bay Aboriginal Community Council v Commonwealth of Australia (No 2) [2023] FCA 811 File number: NSD 70 of 2021

Judgment of: LEE J

Date of judgment: 10 July 2023

Date of publication of reasons: 19 July 2023

Catchwords: REPRESENTATIVE PROCEEDINGS – class action – observations as to circumstances when the limitation period suspended by s 33ZE of the Federal Court of Australia Act 1976 (Cth) does not begin to run again when a case is settled without finally disposing of the whole of a group member's claim in tort where personal injury damages are not resolved ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – 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 PRACTICE AND PROCEDURE – access to documents by non-parties – public interest in open justice

Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA, VAA, ss 33C, 33D, 33J, 33V, 33V(1), 33ZB, 33ZE, 33ZE(2), 33ZF Federal Court Rules 2011 (Cth) r 20.03

Cases cited: Ainsworth v Hanrahan (1991) 25 NSWLR 155 Esso Australia Resources Limited v Plowman (1995) 183 CLR 10 Gill v Ethicon Sàrl (No 4) [2019] FCA 1814 Haswell v Commonwealth of Australia [2020] FCA 915 Porter v Dyer [2022] FCAFC 116; (2022) 402 ALR 653 Treasury Wine Estates Ltd v Maurice Blackburn Pty Ltd [2020] FCAFC 226; (2020) 282 FCR 95 Turner v Tesa Mining (NSW) Pty Ltd (No 2) [2022] FCA 435; (2022) 314 IR 214 Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660