Year
              2001
          Jurisdiction
          Victoria
              Forum
          Federal Court
              Legislation considered
          s 223 Native Title Act 1993 (Cth)
              Issues (legal)
          Connection
          Connection - pathway
          Continuity
          Society
          Standard of proof
          Dismissal
              Summary
              Black CJ, Branson and Katz JJ
The majority in this case upheld the decision of the trial judge in finding the claimants had ceased to observe their traditional laws and customs. All members of the Court found that s 223 of the Native Title Act 1993 (Cth) allows for the evolution of traditional laws and customs. Justices Branson and Katz endorsed an 'objective test' in determining whether a lack or customs is a traditional law or custom.