Kite v State of South Australia [2007] FCA 1662

FEDERAL COURT OF AUSTRALIA

Kite v State of South Australia [2007] FCA 1662

NATIVE TITLE – notice of motion to strike out native title determination application under s 84C Native Title Act 1993 (Cth) or s 31A Federal Court of Australia Act 1976 (Cth) – whether the claim group includes all people who hold the native title claimed – whether all members of the claim group satisfy criteria said to give status as native title holders Native Title Act 1993 (Cth) ss 13(1)(a), 61, 61A, 62, 84C, 223(1), 251B Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules O 13

Reid v State of South Australia [2007] FCA 1479 cited Harrington-Smith v State of Western Australia (No 9) [2007] FCA 31 cited Landers v State of South Australia (2003) 128 FCR 495 cited Colbung v State of Western Australia [2003] FCA 774cited Risk v National Native Title Tribunal [2000] FCA 1589 cited McKenzie v State of South Australia (2005) 214 ALR 214 cited Hillig as Administrator of Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (No 2) [2006] FCA 1115 cited Bodney v Bropho (2004) 140 FCR 77cited Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760 cited JOHN GILBERT KITE v STATE OF SOUTH AUSTRALIA No SAD 130 of 2007

FINN J

2 NOVEMBER 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 130 OF 2007

BETWEEN: JOHN GILBERT KITE

Applicant

AND: STATE OF SOUTH AUSTRALIA

Respondent

JUDGE: FINN J

DATE OF ORDER: 2 NOVEMBER 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The native title determination application (SAD 130 of 2007) be struck out under s 84C of the Native Title Act 1993 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA