Property Law

De Rose v State of South Australia (2005) 145 FCR 290

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Facts
  • A group of Indigenous people bring a claim for an area where several pastoral leases are held over it
  • No one from the Indigenous group had actually lived there since 1978.
Held
  • The question is not “has every member of the group retained a connection” but “has the group (as a whole) retained a connection?”
  • You should consider spiritual connections not just physical occupations
  • If someone makes advances to a property under a pastoral lease, native title is extinguished

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