QGC Pty Limited v Alberts (No 4)

QGC Pty Limited v Alberts (No 4) involved a dispute under the Native Title Act 1993 (Cth) concerning the construction and effect of an Indigenous Land Use Agreement (ILUA). The primary issue was how the ILUA governed the process for appointing and retaining legal representation for the native title party, specifically when the original entity nominated to receive benefits became insolvent. Additionally, the case considered the legal principles governing fiduciary duties among multiple persons, the equitable rights of solicitors, and the conditions under which these rights can be established.

The court needed to determine the legal interpretation of the ILUA clause which stated that decisions by the native title party could be made by a majority. The case also examined whether the ILUA required the native title party to act unanimously or by majority when making decisions such as retaining legal representation, especially after the original entity nominated to receive benefits became insolvent. Furthermore, the court had to decide on the equitable rights of the solicitor, TH Lawyers, and whether they were entitled to a lien over the proceeds of a judgment, award, or compromise.

The court concluded that the native title party could make decisions by a majority under the ILUA, aligning with the fiduciary obligations of the individuals comprising the native title party to act in the interests of the native title group. The court ruled that the solicitor, TH Lawyers, was entitled to an equitable right to recover their costs from the proceeds of the compromise because their efforts were instrumental in obtaining the result. The court found that the requisite causal link between the solicitor's efforts and the result justified establishing the equitable right.

The court ordered that the parties confer with TH Lawyers to discuss the form of relief and file proposed orders by 25 January 2023. The proceedings were adjourned to 31 January 2023 for the making of orders and further case management.