The State of South Australia & Anor v Starkey & Ors

The High Court of Australia heard an appeal concerning a dispute between The State of South Australia and another party (appellants) and Starkey and others (respondents). The core of the dispute involved the interpretation and application of certain provisions of the *Native Title Act 1993* (Cth) in relation to a determination of native title.

The primary legal issues before the High Court were whether the primary judge had erred in their interpretation of the *Native Title Act 1993* (Cth) concerning the extinguishment of native title rights and interests, and whether the evidence presented supported the findings made regarding the existence and nature of those rights. Specifically, the court considered the effect of certain government acts on the native title claims of the respondents.

The High Court's reasoning focused on the statutory language of the *Native Title Act 1993* (Cth) and relevant High Court jurisprudence concerning the extinguishment of native title. The judges analysed the nature of the acts relied upon by the State to assert extinguishment, assessing whether those acts were of a kind that, under the *Native Title Act 1993* (Cth), would necessarily extinguish native title rights and interests. The court applied principles of statutory construction to determine the legislative intent behind the provisions in question and considered the evidentiary basis for the findings of fact made at first instance.

The High Court allowed the appeal, setting aside the orders of the primary judge and remitting the matter for redetermination.