What does it take to occupy and exclude?

Thursday, 18 June 2015
Greg McIntyre

This paper will address the issues raised in the appeals relating to the Banjima Peoples case, in particular issues of the proof of exclusive occupation and occupation for the purposes of section 47B of the Native Title Act. A Full Court bench of five members of the Federal Court sat to consider whether the previous Full Court decision in Griffiths v Northern Territory on exclusive possession was correct and whether the Full Court decision of Moses relating to the issue of occupation was correctly applied.