Members of the Yorta Yorta Aboriginal Community v Victoria

Aboriginals – Native title to land - Determination of native title - Native title rights and interests in s 223(1) Native Title Act 1993 (Cth) - Possessed under traditional laws acknowledged and traditional customs observed in s 223(1)(a).

Aboriginals – Native title to land - Determination of native title - Consequences of sovereignty - Whether traditional laws and customs observed must originate in pre-sovereignty laws and customs - Effect of development of, or changes in, traditional laws and customs since sovereignty - Whether proof of continuous acknowledgment and observance of traditional laws and customs required - Effect of interruption to continuous acknowledgment and observance of traditional laws and customs - Whether substantially uninterrupted acknowledgment and observance is sufficient - Whether traditional law and customs need only be presently acknowledged and observed - Whether continuous existence of claimant society required - Effect of cessation of claimant society on acknowledgment and observance of traditional laws and customs.

Aboriginals – Native title to land - Native title rights and interests - Section 223(1)(c) Native Title Act 1993 (Cth) - Meaning of rights and interests recognised by the common law of Australia - Whether there are common law requirements of native title.

Aboriginals – Native title to land - Extinguishment of native title - Whether s 223 Native Title Act 1993 (Cth) incorporates notions of extinguishment of native title - Whether concepts of "abandonment" or "expiration" of native title can be applied.

Aboriginals – Native title to land - Evidence - Proof - Oral and written testimony.

Words and phrases – Traditional laws and customs - Traditional - Determination of native title - Native title rights and interests - Rights and interests recognised by the common law of Australia.

Native Title Act 1993 (Cth) – ss 223, 225.