Kokatha Native Title Claim v State of South Australia [2006] FCA 838

FEDERAL COURT OF AUSTRALIA

Kokatha Native Title Claim v State of South Australia [2006] FCA 838

NATIVE TITLE – notion of motion – overlap proceedings – party seeking to excise portion of their claim from overlap PRACTICE AND PROCEDURE – exercise of discretion – s 67 of Native Title Act 1993 (Cth) – lack of available funding – significance of area to claimant group – prospects of mediation and settlement – relevant factors in exercise of the discretion – efficient administration of justice Held: Excise disallowed in the interests of efficient administration of the claims Native Title Act 1993 (Cth) s 67(1)(2)

Bodney v Western Australia [2001] FCA 297 cited KOKATHA NATIVE TITLE CLAIM, BARNGARLA NATIVE TITLE CLAIM AND ARABUNNA PEOPLES NATIVE TITLE CLAIM v STATE OF SOUTH AUSTRALIA No SAD 6013 of 1998 FINN J ADELAIDE 30 JUNE 2006 IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 6013 OF 1998

BETWEEN: KOKATHA NATIVE TITLE CLAIM

FIRST APPLICANT

BARNGARLA NATIVE TITLE CLAIM

SECOND APPLICANT

ARABUNNA PEOPLES NATIVE TITLE CLAIM

THIRD APPLICANT

AND: STATE OF SOUTH AUSTRALIA

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 30 JUNE 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The notice of motion dated 9 March 2006 be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 6013 OF 1998

BETWEEN: KOKATHA NATIVE TITLE CLAIM

FIRST APPLICANT

BARNGARLA NATIVE TITLE CLAIM

SECOND APPLICANT

ARABUNNA PEOPLES NATIVE TITLE CLAIM

THIRD APPLICANT

AND: STATE OF SOUTH AUSTRALIA

RESPONDENT

JUDGE: FINN J