ARAYAI-NGURRKU ARLA - ARABANA WIN IN THE HIGH COURT OF AUSTRALIA!

Today the Arabana People unanimously won their appeal in the High Court of Australia in the matter of Stuart & Ors v State of South Australia [2025] HCA 12.

All seven judges agreed that the appeal should be allowed and that the wrong test for connection under the Native Title Act was applied by Justice White in the Federal Court of Australia when he dismissed the Arabana No 2 native title claim over the Oodnadatta Common. Justice White’s emphasis on physical connection was wrong, it is about spiritual connection and he should also have taken into account the evidence presented in the Arabana No 1 2012 consent determination.

The Arabana claim will now be sent back to the Full Federal Court of Australia.

Named Applicants, Aaron Stuart and Greg Warren Snr were in Canberra today to receive the judgement with Leonie Warren, Dr Veronica Arbon, Dennis Amos and Isiah Khan on behalf of the Arabana People.

“Today I’m thinking about the hard fought process that Arabana People went through back then with native title and our fight as a new generation for Arabana wadhlu.  Through truth, honesty and strength we have gotten here today.” Aaron said.

“It was always Arabana land and always is and always will be.  Fences or territories may go up but blood land will always be blood land, stronger than any barbed wire fence. Ilanakunha.”

Leonie Warren, on behalf of Named Applicants Greg and Joanne Warren said, “We thank all our supporters and our elders, especially Sydney Strangways, Reg Dodd and all those who gave evidence and everyone who has fought for this.  We now look forward to moving forward with our younger generations in strength for Arabana wadhlu and get our home back.

“We are proud to win today and we know our family who we have lost would be happy today too.” Dennis Amos said.   

The Arabana People will now take their case for native title over the Oodnadatta Common back to the Federal Court.