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ARABANA NO 2 PART 2 NATIVE TITLE CLAIM UPDATE

OODNADATTA ARABANA APPEAL IN THE HIGH COURT OF AUSTRALIA

 

Last week the Arabana No 2 Pt 2 Claim over Oodnadatta (Stuart & Ors v the State of South Australia & Ors) was heard in the High Court of Australia.

 

The High Court appeal was heard over two days before the seven justices of the court. 

 

The High Court appeal is about key legal principles under the Native Title Act including the definition of native title. 

 

This is an appeal from the decision of the trial judge, Justice White, who found that it was Arabana Country at sovereignty (before white people) but did not grant Arabana native title, and from the Full Federal Court where the majority confirmed this decision (with O’Bryan in dissent).  

 

In the Full Federal Court, the Arabana successfully appealed the grant of native title to the Walka Wani, and their claim was dismissed leaving only the Arabana claim in this appeal.

 

The Arabana Named Applicants, Aaron Stuart, Joanne Warren, Greg Warren Snr and Peter Watts, then took their claim on behalf of all Arabana People for native title over Oodnadatta to the High Court of Australia after getting special leave to appeal to the High Court in early 2024. 

 

The Named Applicants are asking the High Court to find that there were legal errors in the decision to dismiss the Arabana claim in the Federal Court, that the Arabana appeal should be allowed, and that the matter should be remitted to a Federal Court Judges for further submissions about why Arabana should get native title over Oodnadatta which was found at trial to be Arabana Country at sovereignty. 

 

As part of this key legal principles of native title are being considered by the Court. 

 

A decision will likely be delivered next year. 

 





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