High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Karpany v Dietman

[2013] HCA 47
Case number
A18/2012
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Native title – Native title right to take fish – Fisheries Act 1971 (SA) prohibited taking fish without licence or except as provided by the Act – Fisheries Act permitted taking fish by certain means without licence for non-commercial purposes – Whether statute inconsistent with continued existence of native title right to take fish – Whether native title right extinguished by pre-1975 State fisheries legislation.

Native title – Native title right to take fish – Native title holders charged with possessing undersize abalone contrary to s 72(2)(c) of Fisheries Management Act 2007 (SA) – Section 115 of Fisheries Management Act provided for ministerial exemption – Whether ministerial exemption "licence, permit or other instrument" for the purposes of s 211 of Native Title Act 1993 (Cth).

Words and phrases – "extinguishment", "inconsistent with the continued existence of a native title right", "licence, permit or other instrument", "native title rights and interests".

Fisheries Act 1917 (SA) – ss 39, 48.

Fisheries Act 1971 (SA) – ss 28, 29, 42, 47.

Fisheries Management Act 2007 (SA) – ss 3, 5, 72, 115.

Native Title Act 1993 (Cth) – ss 11, 211, 223.

Files
47.rtf (243.05 KB)
47.pdf (225.64 KB)