Brown v The State of South Australia [2010] FCA 875

FEDERAL COURT OF AUSTRALIA

Brown v The State of South Australia [2010] FCA 875 Citation: Brown v The State of South Australia [2010] FCA 875

Parties: DAVID BROWN, IAN CROMBIE, HERBERT LENNON AND JEAN WOOD ON BEHALF OF THE ANTAKIRINJA MATU-YANKUNYTJATJARA NATIVE TITLE CLAIM v THE STATE OF SOUTH AUSTRALIA AND OTHERS

File number: SAD 6007 of 1998

Judge: MANSFIELD J

Date of judgment: 13 August 2010

Catchwords: NATIVE TITLE – whether the Court has power when making a determination of native title rights and interests, by consent or otherwise, to include a term requiring a respondent's proposed orders about the application of compensation payments by a prescribed body corporate (sustainable benefits clause) – whether respondent party may require agreement on a sustainable benefits clause as a condition of it otherwise agreeing to terms of proposed consent determination – whether respondent party may withhold consent to determination where there is no genuine or bona fide dispute about existence of native title rights and interests

Legislation: Native Title Act 1993 (Cth) Pt 2 Div 3, ss 56, 61, 86G, 87, 223 and 225 Mining Act 1971 (SA) pt 9B Native Title Amendment Act 2009 (Cth) Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)

Cases cited: Adnyamathanha People v State of South Australia [2003] FCA 211 cited Thomas v Kokatha Peoples Community Inc (SA Supreme Court, Judge Lunn, unreported, 3 December 2007) cited Melway Publishing Pty Ltd v Robert Hicks Pty Ltd (2001) 205 CLR 1 cited Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liq) (2007) 161 FCR 513 cited Australian Federation of Construction Contractors v Australian Building Construction Employees' and Builders Labourers' Federation (1984) 73 FLR 61 cited Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 240 CLR 45 cited Pacific Brands Sport and Leisure Pty Ltd v Underworks Pty Ltd [2005] FCA 288 cited Vodafone Pacific Ltd v Mobile Innovations Ltd [2004] NSWCA 15 cited Burger King Corporation v Hungry Jack's Pty Ltd [2001] NSWCA 187 cited Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 cited Taku River Tlingit First Nation v British Columbia (Project Assessment Director) (2004) 245 DLR (4th) 193 cited Walley v Western Australia (1996) 67 FCR 366 cited Brownley v Western Australia (No 1) (1999) 95 FCR 152 cited