Puruntatameri v Baird

• 1. Burial and Disposal of Bodies
  2. › Right to possession of body for burial
  3. › Competing claims between biological parent and long-term caregiver
  4. › Whether common law rule that biological parents have exclusive right to bury deceased children
  5. › Whether determination is discretionary having regard to practical circumstances, cultural and spiritual matters
• 1. Appeal
  2. › Appeal from discretionary decision
  3. › Weight given to relevant considerations
  4. › Whether weight given to customary law evidence so insufficient as to vitiate exercise of discretion
  5. › Whether erroneous factual findings were material to outcome
• 1. Aboriginal Customary Law
  2. › Tiwi burial customs
  3. › Weight to be given to customary law imperatives in determining right to burial
  4. › Whether customary law requirements are determinative

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