Wreck Bay Aboriginal Community Council v Commonwealth of Australia (No 3) [2023] FCA 1132

Federal Court of Australia

Wreck Bay Aboriginal Community Council v Commonwealth of Australia (No 3) [2023] FCA 1132 File number: NSD 70 of 2021

Judgment of: LEE J

Date of judgment: 8 September 2023

Date of publication of reasons: 21 September 2023

Catchwords: 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 REPRESENTATIVE PROCEEDINGS – settlement of class action previously approved pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – where Court tasked with approving just deductions from settlement fund pursuant to s 33V(2) of the FCA Act – where referee appointed to inquire into and report to the Court on just deductions – where group members provided written objections to the Court – referee's reports approved subject to two caveats – settlement distribution scheme and proposed distribution orders approved

Legislation: Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth) s 17 Federal Court of Australia Act 1976 (Cth) ss 33K, 33V, 33V(1), 33V(2)

Cases cited: Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784 VoR Environmental Australia Pty Limited v Taset Inc (No 2) [2019] FCA 1094; (2019) 385 ALR 312 Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023] FCA 660 Wreck Bay Aboriginal Community Council v Commonwealth of Australia (No 2) [2023] FCA 811

Division: General Division