Rubibi Community v State of Western Australia (No 6) [2006] FCA 82

Merkel J

Procedural determination that some claimants should not be considered part of the native title holding group because they were not recognised as traditional owners of the land, merely custodians. The test applied was self-identification and recognition by the native title holding group, rather than descent.

Following Neowarra, the Court also held that practical concerns about how native title could operate within urban areas was not suitable grounds to find that native title did not exist.