Adnyamathanha People v State of South Australia [2003] FCA 211

FEDERAL COURT OF AUSTRALIA

Adnyamathanha People v State of South Australia [2003] FCA 211

Native Title Act 1993 (Cth) s 251 Native Title Amendment Act 1998 (Cth) Mining Act (SA) 1971 Aboriginal Councils and Associations Act 1976 (Cth) GORDON COULTHARD, ANGELINA STEWART, THATHY (GERALDINE) ANDERSON, MAY BUZZACOTT, VINCENT COULTHARD, GERTIE JOHNSON, STEWART PATTERSON, BEVERLEY PATTERSON & MARK McKENZIE on behalf of the ADNYAMATHANHA PEOPLE v STATE OF SOUTH AUSTRALIA & OTHERS SG 6001 of 1998 MANSFIELD J 18 MARCH 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 6001 OF 1998

BETWEEN: GORDON COULTHARD, ANGELINA STEWART, THATHY (GERALDINE) ANDERSON, MAY BUZZACOTT, VINCENT COULTHARD, GERTIE JOHNSON, STEWART PATTERSON, BEVERLEY PATTERSON & MARK McKENZIE on behalf of the ADNYAMATHANHA PEOPLE

APPLICANTS

AND: STATE OF SOUTH AUSTRALIA & OTHERS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 18 MARCH 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: The Court orders that: 1. In the event that Thathy (Geraldine) Anderson, Michael Anderson and Flinders Trustees Ltd (the trustees), as trustees of the Adnyamathanha Community Trust confirm their resolution of 19 July 2002, and by affidavit filed herein do show the confirmation of that resolution, the funds presently held in Court or subject to its direction in accordance with Orders made on 19 June 2002 and 22 July 2002 as varied on 29 January 2003, to the extent that they represent royalty payments payable by Heathgate Resources Pty Ltd to Thathy (Geraldine) Anderson pursuant to clause 8 of a certain Mining Native Title Agreement dated 22 April 1998 on account of the Heathgate Adnyamathanha SC 97/1 Beverley Fund, be paid to Thathy (Geraldine) Anderson, Michael Anderson and Flinders Trustees Ltd to the intent that they may be applied – (a) to meet the proper legal costs and expenses incurred by Thathy (Geraldine) Anderson as a named claimant for native title of and incidental to the notice of motion of Vincent Coulthard and others dated 21 August 2001 as amended on 19 June 2002 seeking, inter alia, her replacement as a named claimant in this action; (b) to meet the proper legal costs and expenses incurred by Thathy (Geraldine) Anderson as a named claimant for native title of and incidental to the notice of motion of Michael Anderson and others dated 21 August 2001 as amended on 19 June 2002 seeking, inter alia, his replacement as a named claimant in action No SG 6002 of 1998; and (c) to meet the proper legal costs and expenses incurred by Thathy (Geraldine) Anderson and Michael Anderson of and incidental to the application for these orders. 2. The payments authorised by Order 1 hereof shall only be made upon the written authorisation and request of at least two of the trustees, one of whom shall be Flinders Trustees Ltd, accompanied by a copy of the invoice or other document which is the subject of the request for such payment, and may be paid within five business days of the presentation to the District Registrar of such authorisation and request. 3. The trustees do make and retain full and complete records of all monies received by them in accordance with these Orders and of all monies applied by them for the purposes referred to in Order 1 hereof. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.