"Bennell v Western Australia (2002)", often referred to as the Noongar Case, is a significant

legal case in Australia concerning native title claims by the Noongar people over land in the
southwestern part of Western Australia. This case is formally known as *Bennell v State of
Western Australia* [2002] FCA 781.

Background
The Noongar people are the Indigenous inhabitants of the southwestern region of Western
Australia. They sought recognition of their native title rights over a large area of land, including
the metropolitan area of Perth. The claim was brought under the Native Title Act 1993 (Cth),
which provides a legal framework for the recognition and protection of native title in Australia.

Key Issues
The central issues in this case were:
1. Existence of Native Title: Whether native title existed over the claimed area at the time of the
establishment of the British colony in 1829 and whether it continued to exist.
2. Connection to Land: Whether the Noongar people had maintained a continuous connection to
the land as required by the Native Title Act.

Decision
The Federal Court, presided over by Justice Wilcox, ruled in favor of the Noongar people in
2006 (this is distinct from the initial 2002 filing and often what people refer to when discussing
the Noongar Case). The court recognized that native title did exist over the Perth metropolitan
area and other parts of the southwestern region of Western Australia. This decision was based
on extensive evidence demonstrating the Noongar people's continuous connection to their land.

Significance
The decision was groundbreaking for several reasons:
- Urban Native Title: It was one of the first cases to recognize native title over a capital city area,
challenging the assumption that urban development extinguishes native title.
- **Cultural Recognition:** It highlighted the importance of continuous cultural and traditional
connection to land in native title claims.

Appeal and Aftermath

The decision was appealed by the State of Western Australia. In 2008, the Full Federal Court
overturned Justice Wilcox's decision, ruling that the Noongar people had not proven the
continuous connection required by the Native Title Act. This decision was a setback for the
Noongar people's native title claims, leading to further negotiations and legal processes.

Conclusion
The Noongar Case remains a landmark in Australian native title law. It underscores the
complexities involved in proving native title claims, particularly in areas affected by significant
European settlement and urban development. The case also highlights the ongoing challenges
faced by Indigenous Australians in seeking legal recognition of their traditional rights and
connection to land.

The Eddie Mabo case in 1992 was pivotal as it overturned the concept of "terra nullius" and
recognized the native title rights of the Meriam people to the Murray Islands in the Torres Strait.
This case established the legal framework for recognizing native title in Australia.