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ARELJ - Case Note - Yindjibarndi Case “Occupation Requirement” Authority

Emily Pettersson
Graduate, DLA Piper Australia.


Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People [2019] FCAFC 177

Following the High Court’s May 2020 determination of three key legal issues – abuse of process, exclusivity, occupation – the Yindjibarndi case now stands as authority on the “occupation requirement” under ss 47A and 47B of the Native Title Act 1993 (Cth), the evidence required to establish exclusive possession native title and the relevance of a neighbouring determination in favour of the same people.

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