Walker v State of South Australia

In the matter of Walker v State of South Australia, the Federal Court was asked to decide whether the application for the determination of native title made by Lance Gilbert (Karno) Walker on behalf of the Ramindjeri native title claim group should be dismissed. The Ramindjeri claim encompassed a vast area including Kangaroo Island, the Fleurieu Peninsula, and parts of the mainland stretching from the mouth of the Murray River to the Mount Lofty Ranges. This application overlapped significantly with the claims of the Ngarrindjeri and Kaurna Peoples. The State of South Australia sought to have the application struck out on the grounds that the Ramindjeri claim group is a subgroup of the Ngarrindjeri and that Walker lacked the proper authorisation to bring the claim.

The court had to address whether the Ramindjeri could be recognised as a distinct native title claim group and if Walker was duly authorised to represent them. Furthermore, the court needed to assess the sufficiency of the evidence provided to substantiate the extensive geographical claims. The State argued that the material presented did not adequately support the assertion of native title over the claimed areas, particularly over large sea areas and Kangaroo Island. The court scrutinised the evidence, including historical texts and affidavits, to determine the validity of the Ramindjeri's claim to be a separate entity from the Ngarrindjeri.

After careful consideration, the court found that while there was sufficient evidence to acknowledge the existence of the Ramindjeri as a distinct group, the material provided was insufficient to substantiate the expansive geographical claims of the Ramindjeri application. The court ruled that the claim should be struck out and dismissed the application. This decision hinged on the lack of compelling evidence to support the extensive areas claimed and the determination that the Ramindjeri claim group, while distinct, did not warrant recognition as a separate entity for the purposes of the native title claim.