QGC Pty Limited v Alberts [2020] FCA 1869

QGC Pty Limited v Alberts [2020] FCA 1869

There was no evidentiary basis or legal right shown for the cross-claimants to be substituted for deceased or incapacitated signatories as parties to the proceeding under the Federal Court Rules or the ILUA, since the rights do not transmit by succession to family but refer to succession of office, and mere self-assertion is not sufficient.

Parties
Applicant: QGC Pty Ltd; First Respondent: Natalie Alberts; Second Respondent: Kenneth Bone; Third Respondent: Mona Booth; Fourth Respondent: Lillian Colonel; Fifth Respondent: Patricia Conlon; Sixth Respondent: William Davis; Seventh Respondent: Elizabeth Doyle Johnston; Eighth Respondent: Kylie Jerome; Ninth Respondent: Margaret McLeod; Tenth Respondent: Kathleen Ott; Eleventh Respondent: Isobel Rabbitt; Twelfth Respondent: BCJWY Aboriginal Society Limited (in liq); Thirteenth Respondent: Murra Downs Ltd; Fourteenth Respondent: Boonyi Downs Pty Ltd; First Cross Claimant: Mona Booth; Second Cross Claimant: Kenneth Bone; Third Cross Claimant: Lilliam Colonel; Fourth Cross Claimant: Natalie Alberts; Fifth Cross Claimant: Elizabeth Doyle Johnston; Sixth Cross Claimant: Patricia Conlon
Jurisdiction
Australia
Judgment Date
21 December 2020
Procedural Posture
Interlocutory Application / Application to Join Parties
Outcome
Application dismissed
Legal Topics
Joinder of Parties, Succession Under ILUA, Substitution Under Federal Court Rules
Practice and Procedure Native Title Joinder of Parties Succession Under ILUA Substitution Under Federal Court Rules

Case Brief

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Parties

QGC Pty Ltd

Applicant

Natalie Alberts

First Respondent

Kenneth Bone

Second Respondent

Mona Booth

Third Respondent

Lillian Colonel

Fourth Respondent

Patricia Conlon

Fifth Respondent

William Davis

Sixth Respondent

Elizabeth Doyle Johnston

Seventh Respondent

Kylie Jerome

Eighth Respondent

Margaret McLeod

Ninth Respondent

Kathleen Ott

Tenth Respondent

Isobel Rabbitt

Eleventh Respondent

BCJWY Aboriginal Society Limited (in liq)

Twelfth Respondent

Murra Downs Ltd

Thirteenth Respondent

Boonyi Downs Pty Ltd

Fourteenth Respondent

Mona Booth

First Cross Claimant

Kenneth Bone

Second Cross Claimant

Lilliam Colonel

Third Cross Claimant

Natalie Alberts

Fourth Cross Claimant

Elizabeth Doyle Johnston

Fifth Cross Claimant

Patricia Conlon

Sixth Cross Claimant

Procedural Posture

Interlocutory Application / Application to Join Parties

Legal Issues

  1. 1 Whether cross-claimants may be substituted for deceased or incapacitated parties under Federal Court Rules and terms of ILUA
  2. 2 Construction of 'successor' in the Indigenous Land Use Agreement

Ratio Decidendi

There was no evidentiary basis or legal right shown for the cross-claimants to be substituted for deceased or incapacitated signatories as parties to the proceeding under the Federal Court Rules or the ILUA, since the rights do not transmit by succession to family but refer to succession of office, and mere self-assertion is not sufficient.

Court Disposition

Application dismissed

Orders

  • The further amended interlocutory application of the cross-claimants dated 21 January 2020 be dismissed.