Members of the Yorta Yorta Aboriginal Community v Victoria

Yorta Yorta v Victoria was a native title claim by the Yorta Yorta indigenous people of north central Victoria, Australia which was dismissed by Justice Olney of the Federal Court of Australia in 1998. Appeals to the Full Bench of the Federal Court of Australia in 2001 and the High Court of Australia in 2002 were also dismissed.

The determination by Justice Olney in 1998 ruled that the ‘tide of history’ had ‘washed away’ any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants.^[1]

An appeal was made to the full bench of the Federal Court on the grounds that "the trial judge erroneously adopted a ‘frozen in time’ approach" and "failed to give sufficient recognition to the capacity of traditional laws and customs to adapt to changed circumstances". The Appeal was dismissed in a majority 2 to 1 decision.^[2]

The case was taken on appeal to the High Court of Australia but also dismissed in a 5 to 2 majority ruling in December 2002.^[3]^[4]

In consequence of the failed native title claim, in May 2004 the Victorian Government led by Premier Steve Bracks signed an historic co-operative management agreement with the Yorta Yorta people covering public land, rivers and lakes in north-central Victoria. The agreement gives the Yorta Yorta people a say in the management of traditional country including the Barmah State Park, Barmah State Forest, Kow Swamp and public land along the Murray and Goulburn rivers. Ultimate decision making responsibility was retained by the Environment Minister^[5]

References

↑ Federal Court of Australia, Members of the Yorta Yorta Aboriginal Community v Victoria & Ors, [1998] FCA 1606 (18 December 1998). Accessed 11 September 2011
↑ Federal Court of Australia, Members of the Yorta Yorta Aboriginal Community v Stateof Victoria (Including Corrigendum dated 21 March 2001), [2001] FCA 45 (8 February 2001) Accessed 11 September 2011
↑ High Court of Australia, Members of the Yorta Yorta Aboriginal Community v Victoria, HCA 58; 214 CLR 422; 194 ALR 538; 77 ALJR 356 (12 December 2002). Accessed 11 September 2011
↑ The World Today, Reporter: Louise Yaxley, Yorta Yorta lose native title case, Australian Broadcasting Corporation, 12 December 2002. Accessed 11 September 2011
↑ Fergus Shiel, Yorta Yorta win historic deal, The Age, 1 May 2004. Accessed 11 September 2011

Victorian Aborigines

People

Communities

Registered Aboriginal Parties /
Land councils

Barengi Gadjin Land Council Aboriginal Corporation
Dja Dja Wurrung Clans Aboriginal Corporation
Gunaikurnai Land and Waters Aboriginal Corporation
Gunditj Mirring Traditional Owners Aboriginal Corporation
Martang Pty Ltd
Taungurung Clans Aboriginal Corporation
Wathaurung Aboriginal Corporation
Wurundjeri Tribe Land and Compensation Cultural Heritage Council
Yorta Yorta Nation Aboriginal Corporations

Sites

Bend Road Box Gulley Carisbrook stone arrangement Chiltern-Mount Pilot National Park Cloggs Cave Grampians National Park Keilor Kow Swamp Lake Bolac stone arrangement Mount William stone axe quarry New Guinea II cave Sunbury earth rings Tarragal Caves Wurdi Youang

See also	Victorian Aboriginal Heritage Register Victoria Archaeological Survey

State organisations

Legislation

Aboriginal Heritage Act 2006 (Victoria) Aboriginal Protection Act 1869 Half-Caste Act Laws concerning Indigenous Australians Victorian Charter of Human Rights and Responsibilities

Cases:	Yorta Yorta v Victoria Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria

History

Indigenous Australians

Peoples	Aboriginal Australians Australoids Blackfellas Communities Groups Half-castes Tasmanians Torres Strait Islanders Victorians Western Australians

Individuals	Activists Musicians People from politics and public service Performing artists Sportspeople Visual artists Writers

Culture	Astronomy Avoidance Bora Corroboree Deadly Awards Deities Dreaming Dreamtime Enumeration Flag Kinship Kurdaitcha Marn Grook Message stick Mythology NAIDOC National Indigenous Human Rights Awards Outstation movement Riji Seasons Sacred sites Smoking ceremony Songlines Tjurunga Torres Strait Islands Woggabaliri

Languages	Avoidance speech Australian Aboriginal English Macro-Gunwinyguan languages Australian Creole Language groups Loanwords into English Palawa Pama–Nyungan languages Placenames Sign languages Torres Strait Island languages

Organisations	ATSIC Aboriginal Medical Service Aborigines Advancement League Aborigines Progressive Association AIATSIS Australian Aboriginal Progress Association Australian Aborigines' League Central Land Council Media National Congress of Australia's First Peoples National Indigenous Council Northern Land Council Office of the Registrar of Indigenous Corporations Politics TSRA Reconciliation Australia Sorry Day

Bushcraft	Boomerang Buka Bush bread Bushfood Bush medicine Coolamon Dugout canoe Fibrecraft Fire-stick farming Food groups Humpy Possum-skin cloak Scarred tree Soaks Spinifex resin Sweet foods Waddy Woomera

Arts	Artifacts Bark painting Contemporary visual art Dance Didgeridoo Music Music groups Rock NATSIA Award Papunya Tula Sandpainting Vibe Visual art Yininmadyemi

History	Aboriginal Land Rights Act 1976 Caledon Bay crisis Cummeragunja walk-off Day of Mourning Gurindji Strike Historical figures History Prehistory History wars King plates Massacres Black War Missions Native police Pilbara strike Pintupi Nine Tent embassy Western Australia

Issues	Crime Health Land rights Native title Protected Area Media portrayal Northern Territory National Emergency Response Self-determination Stolen Generations Half-Caste Act Voting rights 1967 Referendum

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