Coulthard v State of South Australia [2014] FCA 124

FEDERAL COURT OF AUSTRALIA

Coulthard v State of South Australia [2014] FCA 124 Citation: Coulthard v State of South Australia [2014] FCA 124

Parties: VINCENT COULTHARD AND OTHERS NAMED IN THE SCHEDULE OF PARTIES v STATE OF SOUTH AUSTRALIA AND OTHERS NAMED IN THE SCHEDULE OF PARTIES

File number: SAD 6001 of 1998

Judge: WHITE J

Date of judgment: 25 February 2014

Catchwords: NATIVE TITLE – consent determination – approach to resolution by agreement of claims for determination of native title – whether orders under s 87A of the Native Title Act 1993 (Cth) appropriate and within the Court's power

Legislation: Native Title Act 1993 (Cth), ss 55, 56, 61, 66, 87, 87A, 94A, 223, 225

Cases cited: Adnyamathanha No 1 Native Title Claim Group v The State of South Australia [2009] FCA 358 Adnyamathanha No 1 Native Title Claim Group v The State of South Australia (No 2) [2009] FCA 359 Brown (on behalf of the Ngarla People) v State of Western Australia [2012] FCAFC 154; (2012) 208 FCR 505 De Rose v State of South Australia (No 2) [2005] FCAFC 110; (2005) 145 FCR 290 Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] HCA 58; (2002) 214 CLR 422 Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; (2001) 115 FCR 109 King v State of South Australia [2011] FCA 1386; (2011) 285 ALR 454 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Risk v Northern Territory of Australia [2006] FCA 404 Smith v Western Australia [2000] FCA 1249; (2000) 104 FCR 494