Yorta Yorta Aboriginal Com v Victoria & Ors

The High Court of Australia heard an appeal in *Yorta Yorta Aboriginal Community v Victoria & Ors*. The case concerned the claim by the Yorta Yorta Aboriginal Community for recognition of native title over certain lands and waters in Victoria, which had been asserted under the *Native Title Act 1993* (Cth). The respondents included the State of Victoria and various other parties.

The central legal issue before the High Court was whether the Yorta Yorta people had maintained their traditional laws and customs, as required by the *Native Title Act*, to the extent that they continued to hold native title rights and interests at the time of sovereignty and at the time of the *Native Title Act*'s commencement. This involved a determination of whether the connection of the Yorta Yorta people to their traditional lands and waters had been so disrupted by subsequent acts of government and settlement that their traditional laws and customs were no longer recognised or observed.

The High Court, in a majority decision, held that the Yorta Yorta people had not maintained their traditional laws and customs in a way that satisfied the requirements of the *Native Title Act*. The Court reasoned that while the Yorta Yorta people had a historical connection to the land, the evidence did not demonstrate a continuous observance of traditional laws and customs that were recognised by the community itself and that governed their relationship with the land and waters. The Court applied the principles established in previous native title cases, emphasising the need for a demonstrable and unbroken chain of observance of traditional laws and customs from the time of sovereignty to the present day, or at least to the commencement of the *Native Title Act*. The Court found that the evidence of assimilation and the impact of government policies had led to a cessation of the Yorta Yorta people's traditional laws and customs as required by the legislation.

The High Court dismissed the appeal, affirming the decision of the Full Federal Court.