Edwards v Santos Limited

Practice and procedure – Federal Court of Australia - Summary judgment - Applications by defendants to dismiss proceedings summarily under s 31A(2) of Federal Court of Australia Act 1976 (Cth) - Plaintiffs "registered native title claimant" under s 253 of Native Title Act 1993 (Cth) ("NTA") in respect of certain land - Plaintiffs and first and third defendants negotiating Indigenous Land Use Agreement ("ILUA") under NTA that included land first and third defendants claimed was encumbered by "Authority to Prospect" ("ATP") granted by second defendant under Petroleum Act 1923 (Q) - ATP entitled first and third defendants to apply to Minister for grant of lease of encumbered land for purpose of petroleum exploration - Plaintiffs sought declarations that grant of lease to first and third defendants would not be valid and any lease granted would not be a "pre-existing right-based act" within meaning of s 24IB of NTA - Whether plaintiffs have sufficient interest for grant of declaratory and injunctive relief - Whether questions raised by plaintiffs hypothetical - Whether plaintiffs seeking advisory opinion.

Practice and procedure – Federal Court of Australia - Jurisdiction - Section 213(2) of NTA conferred jurisdiction on Federal Court with respect to "matters arising under" NTA - Where determination of whether lease would be valid and whether lease would be a pre-existing right-based act may affect ILUA negotiations - Whether negotiation of ILUA a matter arising under NTA.

Practice and procedure – High Court - Original jurisdiction - Costs - Application pursuant to s 75(v) of Constitution for writs directed to Federal Court to quash orders of that Court - Section 26 of Judiciary Act 1903 (Cth) empowers High Court to award costs in "all matters brought before the Court" - Section 32 empowers High Court in exercise of original jurisdiction to grant all such remedies as parties are entitled to "so that as far as possible all matters in controversy between the parties" may be "completely and finally determined" - Where High Court quashes orders of Federal Court - Whether High Court may make costs order in place of orders quashed.

Words and phrases – "advisory opinion", "certiorari", "completely and finally", "hypothetical", "matter", "reasonable prospects of success", "standing", "sufficient interest".

Federal Court of Australia Act 1976 (Cth) – ss 31A(2), 33(4B)(a).

Judiciary Act 1903 (Cth) – ss 26, 32.

Native Title Act 1993 (Cth) – s 213.