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- Title
SOCIAL CONTINUITY AND FORCED CHANGE: THE NOONGAR CASE; BENNELL V STATE OF WESTERN AUSTRALIA.
- Authors
Hepburn, Samantha
- Abstract
The article presents a case note that briefly examines the implications of the decision in Bennell v. State of Western Australia for future native title claims. According to the author, the decision, penned by Wilcox J., represents a significant shift in the development of native title jurisprudence. The decision that the Noongar Aboriginal community held native title rights over the claimed area, was the product of a broader, more flexible approach which imbues a sense of colonial perspective.
- Subjects
WESTERN Australia; NATIVE title (Australia); LAND titles; JURISPRUDENCE; ABORIGINAL Australians -- Land tenure; ACTIONS &; defenses (Law)
- Publication
Deakin Law Review, 2006, Vol 11, Issue 2, p173
- ISSN
1321-3660
- Publication type
Article
- DOI
10.21153/dlr2006vol11no2art241