Lockyer for and on behalf of the Robe River Kuruma People v Citic Pacific Mining Management Pty Ltd [2022] FCA 1381

Federal Court of Australia

Lockyer for and on behalf of the Robe River Kuruma People v Citic Pacific Mining Management Pty Ltd [2022] FCA 1381 File number: WAD 116 of 2022

Judgment of: COLVIN J

Date of judgment: 22 November 2022

Catchwords: NATIVE TITLE - application to set aside originating application on the basis that the Court lacks jurisdiction over the controversy or alternatively to transfer originating application to Supreme Court of Western Australia - where originating application seeks compensation under the provisions of a deed - where deed records the consent of the applicants to the respondents undertaking acts on land the subject of the deed and releases the respondents from any claim arising under the Native Title Act 1993 (Cth) - whether controversy forms a matter arising under a law made by Parliament - whether jurisdiction is invoked by reason of applicant being a corporation owing its legal capacity to federal legislation - whether in the interests of justice the matter should be transferred to Supreme Court of Western Australia - application dismissed

Legislation: Constitution s 76 Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Judiciary Act 1903 (Cth) s 39B Native Title Act 1993 (Cth) Racial Discrimination Act 1975 (Cth)

Cases cited: CGU Insurance Limited v Blakeley [2016] HCA 2; (2016) 259 CLR 339 DJ Builders & Son Pty Ltd (in liq), in the matter of DJ Builders & Son Pty Ltd (in liq) v Queensland Building and Construction Commission (No 3) [2021] FCA 1041 Edwards v Santos Limited [2011] HCA 8; (2011) 242 CLR 421 Fencott v Muller (1983) 152 CLR 570 Hafertepen v Network Ten Pty Limited [2020] FCA 1456 LNC Industries Limited v BMW (Australia) Limited (1983) 151 CLR 575 Malecki v Macko [2022] FCA 766 Mulley v Hayes [2021] FCA 1111; (2021) 286 FCR 360 National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543 National Dairies WA Limited v Wesfarmers Limited (Unreported, FCA, 22 July 1996) Neville's Bus Service Pty Ltd v Pitcher Partners Consulting Pty Ltd [2016] FCA 859 Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 Palmer v Ayres [2017] HCA 5; (2017) 259 CLR 478 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 Raghubir v Nicolopoulos [2022] FCAFC 97 Rana v Google Inc [2017] FCAFC 156; (2017) 254 FCR 1 South Australia v Victoria (State Boundaries case) (1911) 12 CLR 667 Thaluntha Pty Ltd v CITIC Pacific Mining Management Pty Ltd [2019] WASC 196 World Firefighters Games Brisbane, 2002 v World Firefighters Games Western Australia Inc [2001] QSC 164