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Article: Law in the present tense: tradition and cultural continuity in Members of the Yorta Yorta Aboriginal Community v. Victoria.(Australia)
- Article from:
- Melbourne University Law Review
- Article date:
- April 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Melbourne University Law Review. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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[In the 12 years since native title was first recognised in Australia, 32 determinations, of a total of 49, have pronounced native title to be extinguished over at least part of the area claimed (as of 25 March 2004). This has been as a result of either government acts that are inconsistent with native title rights, or because the contemporary existence of traditional law could not be proved. The Yorta Yorta ease, in many ways a test case for native title rights in south-eastern Australia. considered the second manner of extinguishment. This article critically assesses the Federal and High Court decisions, and argues that the courts have applied a notion of tradition and ...