Wilson v State of South Australia (No 4) [2020] FCA 1805

FEDERAL COURT OF AUSTRALIA

Wilson v State of South Australia (No 4) [2020] FCA 1805 File number: SAD 6019 of 1998

Judge: CHARLESWORTH J

Date of judgment: 17 December 2020

Catchwords: NATIVE TITLE – application for a determination of native title under the Native Title Act 1993 (Cth) – trial on separate questions – tenure dispute – Crown land under the area of responsibility of a local council – portion of land dedicated for use as a golf course – whether establishment and construction of the golf course was a public work in the nature of major earthworks occurring on or before 31 December 1993 – whether the works caused "major disturbance" to the land – native title not wholly extinguished by the works NATIVE TITLE – land previously occupied by a body corporate pursuant to a licence revocable at will from 1975 and an unincorporated club for decades prior – whether a community purpose lease or a lease conferring exclusive possession was granted in respect of the land before 23 December 1996 – no written lease executed before 23 December 1996 – lease executed in 1997 alleged to have been backdated to commence before 23 December 1996 – whether grant took place from the backdated commencement date – no lease granted – native title not wholly extinguished by the asserted lease

Legislation: Evidence Act 1995 (Cth) s 48 Native Title Act 1993 (Cth) ss 10, 11, 22A, 22B, 22F, 23B, 23C, 23E, 24JB, 87, 226, 227, 228, 229, 238, 242, 249A, 251D, 253 Federal Court Rules 2011 (Cth) r 30.01 Associations Incorporations Act 1956 – 1965 (SA) Crown Lands Act 1929 (SA) s 5 District Councils Act 1887 (SA) ss 7, 8 Law of Property Act 1936 (SA) ss 28, 29, 41 Local Government Act 1934 (SA) ss 199, 450, 454, 457, 458, 666C, 667, 779 Native Title (South Australia) Act 1994 (SA) ss 32, 32A, 34, 36B, 36F, 36G Real Property Act 1886 (SA) s 116