Edwards v Santos Limited

[2009] FCA 1532

FEDERAL COURT OF AUSTRALIA

Edwards v Santos Limited [2009] FCA 1532

ABORIGINES - Application - Declarations - Injunction - Whether grant of a petroleum lease under the Petroleum Act 1923 (Qld) in respect of land claimed by "registered native title claimants" under the Native Title Act 1993 (Cth) is not a pre-existing rights based act within the meaning of the Native Title Act – Applicant the registered native title claimant - Whether Court has jurisdiction to entertain the application – Whether the application should be dismissed for want of reasonable prospects of success – Whether present proceeding would necessitate the determination of the existence or otherwise of native title rights of the Applicant in respect of the claimed land in the proceeding – No application for determination of native title in the proceeding – Whether the Applicants had standing to seek any of the relief claimed - Held no reasonable cause of action - Held application doomed to fail - Held proceeding did not relate to a “matter” – Held application merely a colourable attempt to invoke Federal jurisdiction – Held Applicants lacked standing – Held In any event, declaratory relief sought merely a “staging post” such that it was inappropriate to grant relief as a matter of discretion - Application dismissed

FEDERAL COURT – Jurisdiction – Whether there is a “matter” before the Court – Declarations sought – No immediate legal or practical consequences – Judiciary Act 1903 (Cth), s 39B(1A)(c)

Federal Court of Australia Act 1976 (Cth) s 21, 23, 31A
Native Title Act 1993 (Cth) ss 24AA, 24HA, 24IB, 24IC, 24ID, 24NA, 24OA, 25, 26, 28, 81, 85A, 213, 227, 233
Judiciary Act 1903 (Cth) s 39B

Petroleum Act 1923 (Qld)

Federal Court Rules O 11 r 16

Constitution s 76

Kowalski v MMAL Staff Superannuation Fund Pty Ltd (2009) 178 FCR 401 followed
White Industries Australia Ltd v Commissioner of Taxation (2007) 160 FCR 298 followed
The Lardil Peoples v Queensland (2001) 108 FCR 453 applied
Re Judiciary and Navigation Acts (1921) 29 CLR 257 applied
Australian Institute of Private Detectives Ltd v Privacy Commissioner (2004) 139 FCR 394 considered
Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 applied
Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 200 CLR 591 distinguished
Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 cited
Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 cited
Fitzroy Motors Pty Ltd v Hyundai Automotive Distributors Australia Pty Ltd (1995) 133 ALR 445 cited
WG & B Manufacturing Pty Ltd v Tesla Farad Pty Ltd (1999) 48 IPR 111 cited
Cook v Pasminco Ltd (2000) 99 FCR 548 applied
Hopper v Egg and Egg Pulp Marketing Boardof Victoria (1939) 61 CLR 665 applied
Platypus Leasing Inc v Commissioner of Taxation (No 2) (2005) 189 FLR 411 followed
McKeown v Cavalier Yachts Pty Ltd (1988) 13 NSWLR 303 followed

Lane P, Lane’s Commentary on the Australian Constitution