Jarraman Arts Aboriginal Corporation v Tourism Australia [2004] FCA 1536

FEDERAL COURT OF AUSTRALIA

Jarraman Arts Aboriginal Corporation v Tourism Australia [2004] FCA 1536 Trade Practices Act 1974 (Cth) ss 51AC, 51A, 52, 53, 59(2), 82, 87 Aboriginal Councils and Associations Act 1976 (Cth) s 48 Federal Court Rules(Cth) O 11 r 16, O 12 r 3, O 15A Stack v Coast Securities (No 9) Pty Ltd (1983) 154 CLR 261 cited Fencott v Muller (1983) 152 CLR 570 cited Yorke v Lucas (1985) 158 CLR 661 cited JARRAMAN ARTS ABORIGINAL CORPORATION & SHIRLEY ANNE COLLINS v TOURISM AUSTRALIA (AS SUCCESSOR IN TITLE TO THE AUSTRALIAN TOURIST COMMISSION) & ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION NTD 11 of 2004 MANSFIELD J 29 NOVEMBER 2004 ADELAIDE (HEARD IN DARWIN)

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY NTD 11 OF 2004

BETWEEN: JARRAMAN ARTS ABORIGINAL CORPORATION

FIRST APPLICANT

SHIRLEY ANNE COLLINS

SECOND APPLICANT

AND: TOURISM AUSTRALIA (AS SUCCESSOR IN TITLE TO THE AUSTRALIAN TOURIST COMMISSION)

FIRST RESPONDENT

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION

SECOND RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 29 NOVEMBER 2004

WHERE MADE: ADELAIDE (HEARD IN DARWIN)

THE COURT ORDERS THAT: 1. The statement of claim filed on 30 June 2004 is struck out. 2. The applicants are given leave to file and serve an amended statement of claim by 23 December 2004. 3. The matter is referred to the Registrar, Northern Territory District Registry, or her nominee for mediation under O 72 of the Federal Court Rules to the intent that the mediation commence at a time fixed by the Registrar in accordance with O 72 r 6 but that the mediation not be completed until after the filing and service of any amended statement of claim in accordance with Order 2 hereof unless the mediation successfully resolves the proceeding before that date. 4. The mediation be completed by 28 January 2005. 5. The mediator report to the Court as to the outcome of the mediation by 31 January 2005. 6. The notice of motion of the first respondent of 11 October 2004 and the notice of motion of the second respondent of 11 October 2004 to the extent it seeks an order for security for costs are each adjourned to 9 am 1 February 2005 for judgment. 7. The directions hearing is adjourned to 9 am 1 February 2005. 8. The costs of the respondents' notices of motion of 11 October 2004 are reserved. 9. Liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.