Stuart v South Australia

Native title rights – Where Arabana people applied for determination of native title under Native Title Act 1993 (Cth) – Where Arabana people held native title over area of land abutting claim area – Whether primary judge correctly construed and applied definition of "native title" in s 223(1) – Whether "connection" with land or waters for purposes of s 223(1)(b) must be established by physical acts of acknowledgment or observance – Relevance of native title determination in respect of land abutting claim area.

Words and phrases – "acknowledgment or observance", "by those laws and customs", "connection", "continuity", "cultural connection", "effective sovereignty", "land or waters", "native title", "native title rights and interests", "physical acts", "physical connection", "religious connection", "sovereignty", "spiritual connection", "traditional laws and customs".

Native Title Act 1993 (Cth) – ss 13, 82, 86, 94A, 223, 225.