French, Branson and Sundberg JJ
Involved an appeal concerning three claims heard together: the first filed by the Ngaliwurru and Nungali Peoples claim over a parcel of land in the Tennant Creek township and the second filed by Alan Griffiths and William Gulvin as protective responses to the notices issued by the Northern Territory Government of a proposed compulsory acquisition. A third claim was filed by the same applicants over other lots covered by a Special Purpose Lease owned by the Conservation Land Corporation.
In the initial decision, handed delivered on 17 July 2006 it was held that that Ngaliwurru and Nungali Peoples had established that they had native title rights and interests in the claim area but this does not include exclusive rights to possession, occupation, use and enjoyment. An appeal was lodged arguing that the rights and interests possessed under traditional laws and customs acknowledged and observed by the native title holders conferred possession, occupation, use and enjoyment of the determination area. The Northern Territory Government filed a cross appeal that the laws and customs asserted were not traditional. The appeal was allowed and the determination amended to reflect the broader rights and interests recognised.
In reaching their decision, Justices, French, Branson and Sundberg considered the criteria for exclusivity and the classification of rights and interests. They also noted that the a change from patrilineal to cognatic descent does not negative continuity.