Anniversary of the Kaurna Native Title Determination

21 March

On 21 March 2018, the Federal Court recognised Kaurna native title in parts of the Adelaide region through the determination in Agius v State of South Australia (No 6). The decision followed a claim first lodged in October 2000 and years of work towards legal recognition.

The anniversary recognises Kaurna persistence and continuing connection to Country. The court decision did not create that connection: it recognised particular rights and interests within Australian law.

A long path to recognition

South Australian Native Title Services records the outcome as native title existing in parts of the determination area. The City of Charles Sturt explains that recognition applies to specific parcels, rather than all land in metropolitan Adelaide, and identifies Kaurna Yerta Aboriginal Corporation as the organisation managing the recognised rights on behalf of Kaurna people.

This distinction matters. Native title recognition should not be described as the return of all Kaurna Country or the transfer of every property within a claim boundary. The legal outcome is significant while also being more limited than the broader cultural relationship with Country.

Country is more than a legal boundary

Kaurna Country encompasses relationships with places, ancestors and the living world. A map of determined native title therefore answers a different question from an account of cultural identity and belonging. Reading both together helps avoid reducing First Nations relationships with Country to what a court has formally recognised.

The time between the application and determination also invites recognition of the people who sustained the claim. Legal milestones can be recorded in a single date, while the effort behind them extends across many years.

Reflecting on the anniversary

For people living or working in the Adelaide region, this date offers a reason to learn from Kaurna voices and consider how recognition is reflected in everyday practice. An Acknowledgement of Country can be a beginning, but respectful relationships also involve listening, appropriate engagement and recognition of cultural authority.

When using maps or teaching materials, distinguish the determination area from the places where native title was recognised. Avoid presenting this short history as legal advice about a particular property or permission to use cultural knowledge.

Sources and further learning

South Australian Native Title Services: Determinations timeline records the date, case and outcome.

City of Charles Sturt: Kaurna Country provides cultural context and explains the scope of recognition.

Our related products and resources

Somebody’s Land by Adam Goodes and Ellie Laing offers children an introduction to Country and the false idea of terra nullius. This is a thematic learning connection, not a retelling or legal explanation of the Kaurna case.