Reeves J
In this matter, the Court dismissed an application on behalf of the Bidjara people (‘the applicants’) for an interlocutory injunction to restrain the Brown River people (‘the respondents’) from obtaining an anthropological report.
Background
The Bidjara people had applied to Queensland South Native Title Service (‘QSNTS’) for funding to assist them to pursue their native title determination. Dr Sackett was instructed by QSNTS to prepare a connection report for the applicants for the purpose of determining the funding application. As a result of Dr Sackett’s report (‘Sackett report’) funding to the applicants was terminated. QSNTS then consented to a number of orders, which included an undertaking not to use any material it held on behalf of the Bidjara people. The orders did not specifically mention the Sackett report.
QSNTS sought to engage Dr Sackett to prepare a fresh report for the respondents. The applicants applied for an injunction against the Brown River people restricting them from disclosing any confidential information or any information obtained in breach of legal professional privilege obtained by them from QSNTS and/or Dr Sackett.
Decision
The Court concluded that an injunction expressed in such broad terms was not necessary or appropriate in the absence of a dispute about the legal professional privilege attaching to that information, and in the absence of any evidence of a past or threatened breach. Accordingly, the Court dismissed the application.