Widjabul Wia-Bal v Attorney General of New South Wales [2020] FCAFC 34 (10 March 2020) (Reeves, Jagot and Mortimer JJ)


Catchwords:


NATIVE TITLE – interlocutory application – proposed separate question and/or declarations – whether State can require entry into an indigenous land use agreement as pre-condition of consent determination – duty to act in good faith in conduct of mediation – duty enforceable by appropriate remedy if duty breached – insufficient evidence to enable Court to find lack of good faith in conduct of mediation – application dismissed

PRACTICE AND PROCEDURE – application of overarching purpose of the civil practice and procedure provisions pursuant to ss 37M and 37N Federal Court of Australia Act 1976 (Cth) – Court not confined to make order based on civil practice and procedure provisions for breach of duty – Court not confined to making costs order for breach of duty – Court has power to control its own processes