Catchwords:

NATIVE TITLE – appeal from determination by primary judge that native title does not exist in relation to the Claim Area – whether having found appellant held rights at sovereignty over large part of Claim Area, primary judge erred in failing to find they did not have such rights in remainder of Claim Area – whether appellant continues to hold rights and interests under the relevant traditional laws and customs in the disputed area – whether appellant established maintenance of connection by the normative system they acknowledge and observe – whether primary judge erred in finding certain alleged apical ancestors were not Gaangalu – whether primary judge erred in exercising discretion to make a negative determination

NATIVE TITLE – meaning of “society” in Yorta Yorta sense – whether primary judge erred by failing to consider whether the Gaangalu had continued to exist as a society – whether primary judge incorrectly understood Gaangalu to assert only the existence of a regional society of which they were a member

NATIVE TITLE – where contemporary Gaangalu system concerning inheritance of primary rights and interests from either parent has been adopted since sovereignty – whether primary judge erred in rejecting contemporary system as an adaptation of traditional system

APPEALS – role of appellate court in considering factual findings of a trial judge – whether nature of inquiry called for by the Native Title Act 1993 (Cth) makes it difficult for an appellate court to interpose its analysis of factual findings