Antakirinja Matu-Yankunytjatjara Aboriginal Corporation RNTBC v State of South Australia (No 2) [2023] FCA 1376

Federal Court of Australia

Antakirinja Matu-Yankunytjatjara Aboriginal Corporation RNTBC v State of South Australia (No 2) [2023] FCA 1376 File number(s): SAD 61 of 2022

Judgment of: O'BRYAN J

Date of judgment: 8 November 2023

Catchwords: NATIVE TITLE – compensation claim made by prescribed body corporate – interlocutory application by applicant for taking of early evidence and/or preservation evidence of senior Antakirinja Matu-Yankunytjatjara common law holder and principal witness at on country hearing in Coober Pedy – consideration of principles applicable to, and distinction between, applications for early evidence and preservation evidence – where the need to take preservation or early evidence, having regard to the interests of justice, does not outweigh the costs of taking evidence in the manner proposed – application adjourned indefinitely, with leave to re-agitate should circumstances change

Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 46 Native Title Act 1993 (Cth), ss 47A, 47B, 51(1), 57(3), 61(1) Federal Court Rules 2011 (Cth), Div 34.7, rr 34.120, 34.126

Cases cited: Agius v State of South Australia (No 4) [2017] FCA 361 Eringa No 1 Native Title Claim v State of South Australia (2007) FCA 182 Frazer and Others v State of Western Australia (2003) 128 FCR 458 Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 6) [2003] FCA 663 Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Northern Territory v Griffiths (2019) 269 CLR 1 Rose (on behalf of the Kurnai Clans) v State of Victoria [2010] FCA 460