The claim was dismissed by Justice Olney of the Federal Court of Australia in 1998.

[1] An appeal was made to the full bench of the Federal Court on the grounds that "the trial judge erroneously adopted a 'frozen in time' approach" and "failed to give sufficient recognition to the capacity of traditional laws and customs to adapt to changed circumstances".

[2] The case was taken on appeal to the High Court of Australia but also dismissed in a 5 to 2 majority ruling in December 2002.

[3][4] In consequence of the failed native title claim, in May 2004 the Victorian Government led by Premier Steve Bracks signed an historic co-operative management agreement with the Yorta Yorta people covering public land, rivers and lakes in north-central Victoria.

The agreement gives the Yorta Yorta people a say in the management of traditional country including the Barmah State Park, Barmah Forest, Kow Swamp and public land along the Murray and Goulburn Rivers.