WA v Sebastian

(2008) 173 FCR 1; [2008] FCAFC 65

Full Court of the Federal Court

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Interrogate

Catchwords

1. Native Title
2. › Existence of native title
3. › Communal native title
4. › Whether primary judge assumed rather than found existence of native title
5. › Whether approval of 'communal native title' approach constituted error
6. › Native Title Act 1993 (Cth), s 223
1. Native Title
2. › Existence of native title
3. › Identification of native title holding society
4. › Whether Djugan people formed separate society from Yawuru at sovereignty
5. › Whether northern and southern law traditions indicated two discrete societies
6. › Native Title Act 1993 (Cth), s 223
1. Native Title
2. › Traditional laws and customs
3. › Evolution of descent rules
4. › Change from patrilineal to ambilineal descent
5. › Whether change in descent system fatal to native title claim
6. › Whether change constituted adaptation permitted under traditional laws and customs
7. › Native Title Act 1993 (Cth), s 223(1)(a)
1. Native Title
2. › Traditional laws and customs
3. › Incorporation and adoption
4. › Whether non-Yawuru persons can be incorporated into native title holding community
5. › Native Title Act 1993 (Cth), s 223

Quick Take

Section 47B can apply to areas within proclaimed townsites, occupation under ss 47A/47B is assessed broadly as a matter of fact and degree without requiring traditional use, and changes in descent rules may be permissible adaptations under traditional laws and customs.