Members of the Yorta Yorta Aboriginal Community v State of Victoria [2001] FCA 45

FEDERAL COURT OF AUSTRALIA

Members of the Yorta Yorta Aboriginal Community v State of Victoria [2001] FCA 45

NATIVE TITLE - Native Title Act 1993 (Cth) – determination of native title claim – finding that native title had expired by the end of the 19th century – whether trial judge recognised the ability of traditional laws and customs to adapt to changes in circumstances – need for traditional connection with land to have existed continuously from date of acquisition – use of historical documents WORDS AND PHRASES – "traditional laws and customs" – "traditional" Native Title Act 1993 (Cth) ss 223, 225 Native Title Bill 1993 (Cth)

Mabo v State of Queensland [No 2] (1992) 175 CLR 1 followed State of Western Australia v Ward (2000) 99 FCR 316 applied Commonwealth of Australia v Yarmirr (1999) 168 ALR 426 discussed Ward v State of Western Australia (1998) 159 ALR 483 applied Yanner v Eaton (1999) 166 ALR 258 discussed Wik Peoples v State of Queensland (1996) 187 CLR 1 cited Mason v Tritton (1994) 34 NSWLR 572 cited Delgamuukw v British Columbia (1993) 104 DLR (4th) 470 cited Anderson v Wilson (2000) 171 ALR 705 referred to Shaw v Wolf (1998) 83 FCR 113 referred to Delgamuukw v British Columbia (1997) 153 DLR (4th) 193 referred to Pareroultja v Tickner (1993) 42 FCR 32 referred to Coe v Commonwealth of Australia (1993) 118 ALR 193 cited Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 cited Biogen Inc v Medeva Plc (1996) 36 IPR 438 cited

MEMBERS OF THE YORTA YORTA ABORIGINAL COMMUNITY v STATE OF VICTORIA AND OTHERS V 34 of 1999

BLACK CJ, BRANSON & KATZ JJ 8 FEBRUARY 2001

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 34 of 1999

On Appeal from a Judge of the Federal Court of Australia

BETWEEN: MEMBERS OF THE YORTA YORTA ABORIGINAL COMMUNITY