Williams on behalf of the Danggan Balun (Five Rivers) People v State of Queensland [2022] FCA 355

Williams on behalf of the Danggan Balun (Five Rivers) People v State of Queensland [2022] FCA 355

Breach of fiduciary obligations and terms as previously resolved by the claim group, by pursuing personal gain and allocating work to his company without informed consent, rendered Mr Dillon no longer authorised to act as applicant under s66B. Applicants may apply for his removal without the need for a new authorisation meeting due to the terms agreed by the claim group.

Parties
Applicant: Ted Williams; Applicant: Rose Page; Applicant: Louisa Bonner; Applicant: Shaun Davies; Applicant: Israel Bundjuri; Applicant: Germaine Paulson; Former Applicant: Anthony Dillon; Respondent: State of Queensland; Other Party: Commonwealth; Other Party: Commercial Fishing Respondents; Other Party: National Australia Trustee Ltd as trustee for Sea World Property Trust
Jurisdiction
Australia
Judgment Date
07 April 2022
Procedural Posture
Native Title Claim / Interlocutory Application for Replacement of Applicant
Outcome
Application granted; Anthony Dillon removed as applicant member.
Legal Topics
Replacement of Applicant Under S66 B, Fiduciary Duty, Breach of Terms and Conditions, Authorisation Process, Conflict of Interest
Native Title Replacement of Applicant Under S66 B Fiduciary Duty Breach of Terms and Conditions Authorisation Process Conflict of Interest

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Parties

Ted Williams

Applicant

Rose Page

Applicant

Louisa Bonner

Applicant

Shaun Davies

Applicant

Israel Bundjuri

Applicant

Germaine Paulson

Applicant

Anthony Dillon

Former Applicant

State of Queensland

Respondent

Commonwealth

Other Party

Commercial Fishing Respondents

Other Party

National Australia Trustee Ltd as trustee for Sea World Property Trust

Other Party

Procedural Posture

Native Title Claim / Interlocutory Application for Replacement of Applicant

Legal Issues

  1. 1 Whether Anthony Dillon is no longer authorised by the claim group to act as a member of the applicant
  2. 2 Whether breach of fiduciary duties and terms and conditions justifies replacement under s66B
  3. 3 Whether replacement requires a further authorisation meeting

Ratio Decidendi

Breach of fiduciary obligations and terms as previously resolved by the claim group, by pursuing personal gain and allocating work to his company without informed consent, rendered Mr Dillon no longer authorised to act as applicant under s66B. Applicants may apply for his removal without the need for a new authorisation meeting due to the terms agreed by the claim group.

Court Disposition

Application granted; Anthony Dillon removed as applicant member.

Orders

  • Pursuant to section 66B of the Native Title Act 1993 (Cth), the Applicant is replaced by Gordon 'Ted' Williams, Rose Page, Louisa Bonner, Shaun Davies, Israel Bundjuri and Germaine Paulson.