Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria

Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria,[1] is a decision of the Federal Court of Australia delivered on 13 December 2005 by Justice Ron Merkel in respect of a native title claim determination for the Wimmera western region of Victoria.

The determination was significant for the Jardwadjali and Wergaia peoples as it was the first successful native title claim in south-eastern Australia and in Victoria.

[1][2] The Native Title claim was initially filed in 1995 and took 10 years for the legal process to come to determination.

In his reasons for judgement Justice Merkel explained the significance of his orders: Justice Merkel also listed the influence of senior Wotjobaluk elder William John Kennedy, who was also known as Uncle Jack Kennedy, in his reasons for judgment.

Kennedy died on 6 September 2005 before the determination but Justice Merkel acknowledged "he had, in a practical sense, achieved 'what the elders expected of [him]' by, as was stated in his eulogy, 'fighting for this little piece of country for his ancestors and for future generations.