Federal Court of Australia
Federal Court of Australia
Hoolihan on behalf of the Gugu Badhun People #3 and State Minister for the State of Queensland (No 2) [2023] FCA 1589 File number: QUD 777 of 2019
Judgment of: COLLIER ACJ
Date of judgment: 15 December 2023
Catchwords: NATIVE TITLE – interlocutory application for joinder as a respondent – earlier removal from same proceedings - relitigating issue of interest pursuant to s 84(5) of the Native Title Act 1993 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Native Title Act 1993 (Cth) ss 43, 61(1), 66, 84(5), 85A
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Forrest on behalf of the Kakarra Part A Native Title Claim Group v State of Western Australia [2023] FCA 529 Harrington-Smith on behalf of the Darlot Native Title Claim Group v State of Western Australia [2022] FCA 114 Hoolihan on behalf of the Gugu Badhun People #3 v State of Queensland [2022] FCA 965 Vea Vea on behalf of the Wadja People v State of Queensland [2020] FCA 405
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 43
Date of hearing: 13 June 2023
Counsel for the Applicant: Mr D Yarrow
Solicitor for the Applicant: North Queensland Land Council Native Title Respresentative Body Aboriginal Corporation
ORDERS QUD 777 of 2019
BETWEEN: ERNEST MICHAEL HOOLIHAN & ORS ON BEHALF OF THE GUGU BADHUN PEOPLE #3 Applicant
AND: STATE MINISTER FOR THE STATE OF QUEENSLAND (and others named in schedule) First Respondent
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