Coulthard v State of South Australia [2015] FCA 1379

Coulthard v State of South Australia [2015] FCA 1379

The requirements of ss 87 and 87A of the Native Title Act 1993 (Cth) have been satisfied; there is agreement between all relevant parties, the evidence shows the Adnyamathanha People are a society conducting traditional laws and customs connecting them to country, and the determination recognises non-exclusive native title rights in accordance with the law.

Parties
Applicants: Vincent Coulthard and Others; Respondents: State of South Australia and Others; Other Party: South Australian Native Title Services Ltd; Other Party: Pastoralists; Other Party: Mining Interests; Other Party: SA Power Networks
Jurisdiction
Australia
Judgment Date
08 December 2015
Procedural Posture
Native Title Consent Determination / Judgment and Orders
Outcome
Determination of native title made by consent
Legal Topics
Consent Determination, Traditional Rights and Interests, Overlap of Claims, Recognition of Native Title Holders
Native Title Aboriginal and Torres Strait Islander Law Consent Determination Traditional Rights and Interests Overlap of Claims Recognition of Native Title Holders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 25 Party arguments 2
Sign in to unlock

Parties

Vincent Coulthard and Others

Applicants

State of South Australia and Others

Respondents

South Australian Native Title Services Ltd

Other Party

Pastoralists

Other Party

Mining Interests

Other Party

SA Power Networks

Other Party

Procedural Posture

Native Title Consent Determination / Judgment and Orders

Legal Issues

  1. 1 Whether the requirements of ss 87 and 87A of the Native Title Act 1993 (Cth) are satisfied for making a consent determination of native title
  2. 2 Whether the Adnyamathanha People have maintained traditional laws and customs justifying recognition of native title for the Determination Area
  3. 3 Whether all legal interests in the Determination Area have been considered and appropriately addressed

Ratio Decidendi

The requirements of ss 87 and 87A of the Native Title Act 1993 (Cth) have been satisfied; there is agreement between all relevant parties, the evidence shows the Adnyamathanha People are a society conducting traditional laws and customs connecting them to country, and the determination recognises non-exclusive native title rights in accordance with the law.

Court Disposition

Determination of native title made by consent

Orders

  • Native title exists in the Determination Area as defined.
  • Native title does not exist in relation to specified areas and resources (minerals, petroleum, certain public works, etc).