Webster on behalf of Ngarigo Peoples v State of New South Wales [2024] FCA 615

Federal Court of Australia

Webster on behalf of Ngarigo Peoples v State of New South Wales [2024] FCA 615 File number(s): NSD 465 of 2024

Judgment of: RAPER J

Date of judgment: 13 June 2024

Catchwords: DISCRIMINATION LAW – application for an interlocutory injunction preventing the State of New South Wales from killing, shooting and trapping wild horses and other wildlife in the Kosciuszko National Park and other areas – whether the applicant is able to bring an injunction application claiming racial discrimination under the Racial Discrimination Act 1975 (Cth) where he has not commenced a claim against the same respondent for the same conduct before the Australian Human Rights Commission nor has such a complaint been terminated by the Commission CONSTITUTIONAL LAW – whether by operation of s 109 of the Constitution, s 10 of the Racial Discrimination Act 1975 (Cth) invalidates those aspects of the Kosciuszko Wild Horse Heritage Act 2018 (NSW) which authorises, amongst other things, the culling of wild horses PRACTICE AND PROCEDURE – application for interlocutory orders – whether prima facie case – whether the balance of convenience favours a grant of interlocutory injunctive relief – application for interlocutory application dismissed

Legislation: Constitution s 109 Federal Court of Australia Act 1973 (Cth) s 23 Judiciary Act 1903 (Cth) ss 78B, 78B(5) Native Title Act 1993 (Cth) ss 61, 62, 85A, 213, 223 Racial Discrimination Act 1975 (Cth) s 10 Federal Court Rules 2011 (Cth) r 4.01(1) Kosciuszko Wild Horse Heritage Act 2018 (NSW) ss 9, 10 National Parks and Wildlife Act 1974 (NSW)