VIC:Settlers accounts of Aborigines of limited value: judge

AAP General News (Australia)
08-19-1999
VIC:Settlers accounts of Aborigines of limited value: judge

Federal Court Chief Justice MICHAEL BLACK has told a crucial appeal over the Yorta Yorta
native title claim that accounts of Aboriginal culture written by European settlers last
century have limited value.

During submissions by RON CASTAN QC, for the Yorta Yorta, Chief Justice BLACK said the
settlers were not trained for making such observations.

The Yorta Yorta people are appealing against last December's rejection by Justice HOWARD
OLNEY of their claim to 2,000 square kilometres of traditional lands in northern Victoria and
southern New South Wales.

One ground of appeal is that Justice OLNEY wrongly gave greater weight to early settlers'
evidence than to the evidence of Yorta Yorta people about their connection to their ancient
culture.

Another appeal ground is that Justice OLNEY wrongly insisted that to prove native title,
the Yorta Yorta must show they still follow the same laws and customs as their forebears in
1788 when Europeans arrived in Australia.

Native title for the Yorta Yorta is being opposed by the Victorian government and other
parties with interests in the claimed land. The appeal is continuing.

AAP RTV gf/er/rp/jn

KEYWORD: YORTA (MELBOURNE)

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