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Members of the Yorta Yorta Aboriginal Community v Victoria [2001] FCA 45

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.

Source

Members of the Yorta Yorta Aboriginal Community v Victoria [2001] FCA 45