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.