Jango v Northern Territory of Australia [2007] FCAFC 101

Northern Territory
Federal Court

This case involves a native title compensation claim. It considered the nature of native title rights and interests extinguished, criteria for the identification of native title holders and whether the evidence presented was sufficient to support the existence of traditional laws and customs. The court focused on whether the trial judge ought to have determined pre-existing native title on other bases and whether he misunderstood the pleaded case. The court concluded that there was no error by the trial judge and dismissed the appeal. In reaching the decision the court considered whether registration of title under the Real Property Act 1886 (SA) had validly extinguished native title, the effect of indefeasibility provisions and the validation provisions of Native Title Act and Validation Act.