Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

MEMBERS OF THE YORTA YORTA APPELLANT

ABORIGINAL COMMUNITY

AND

STATE OF VICTORIA & ORS RESPONDENTS

Members of the Yorta Yorta Aboriginal Community v Victoria

[2002] HCA 58

12 December 2002

M128/2001

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation:

N J Young QC with K R Howie SC and T P Keely for the appellant (instructed by Arnold Bloch Leibler)

G Griffith QC with H M Wright QC, M Sloss and S G E McLeish for the first respondents (instructed by Victorian Government Solicitor)

V B Hughston SC with J A Waters for the second respondent (instructed by Crown Solicitor for the State of New South Wales)

G E Hiley QC with G J Moloney for the first, third and fourth named third respondents (instructed by Suzanna Sheed & Associates)

No appearance for the second, fifth, sixth, seventh and eighth named third respondents

A C Neal with P G Willis for the fourth and fifth respondents (instructed by J G Thompson and Williams Love Lawyers)

J E Curtis-Smith for the sixth respondents (instructed by Hargraves)

No appearance for the seventh and eighth respondents

B M Selway QC, Solicitor-General for the State of South Australia with J H Dnistrianski for the ninth respondent (instructed by Crown Solicitor for the State of South Australia)

J Basten QC with R W Blowes for the tenth respondent (instructed by Chalk & Fitzgerald)

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth of Australia with M A Perry intervening on behalf of the Attorney-General of the Commonwealth of Australia (instructed by Australian Government Solictor)

B W Walker SC with S E Pritchard intervening on behalf of the Human Rights and Equal Opportunity Commission (instructed by Human Rights and Equal Opportunity Commission)