Full Court Minute Books

Case A18/2012

Karpany and Anor v. Dietman

Case No.


Case Information

Lower Court Judgment

11/05/2012 Supreme Court of South Australia (Gray, Kelly, Blue JJ)

[2012] SASCFC 53


Native title – Preservation of native title rights – Prior extinguishment – Native title right to take fish – Applicants convicted of possession of an aquatic resource contrary to s 72(2)(c) Fisheries Management Act 2007 (SA) – Whether native title rights to take fish extinguished by virtue of s 29 of the Fisheries Act 1971 (SA) – Whether s 72(2)(c) Fisheries Management Act 2007 (SA) inoperative due to inconsistency with s 221 of the Native Title Act 1993 (Cth).

Short Particulars


08/06/2012 Application for special leave to appeal

04/07/2012 Notice of Constitutional Matter (Applicants)

07/09/2012 Hearing (SLA, Canberra video link to Adelaide)

02/10/2012 Chronology (Applicants)

09/10/2012 Written submissions - amended (Applicants)

09/10/2012 Written submissions (South Australian Native Title Services seeking leave to intervene)

23/10/2012 Written submissions (Respondent and Attorney-General for South Australia intervening)

30/10/2012 Summons seeking leave to intervene (Attorney-General of the Commonwealth of Australia)

30/10/2012 Written submissions (Attorney-General of the Commonwealth of Australia intervening)

06/11/2012 Reply

06/11/2012 Reply to interveners (Applicants)

09/10/2013 Hearing (Full Court, Canberra) (Audio-visual recording)

06/11/2013 Judgment  (Judgment summary)