Edward Curr & Native Title

In 1998, a 19th century British squatter's observations led to the failure of the Yorta Yorta's attempt to reclaim their land.

An important piece of evidence against the Yorta Yorta in their 1998 native title claim was Edward Curr's book Recollections of Squatting in Victoria. In this book, Curr observes many traditions and cultural practices of the Yorta Yorta people during the late 19th century.

Curr's personal and cultural bias may have caused events he described to be misinterpreted. For example, the Yorta Yorta people argued that their concern for the environment was a cultural tradition that had been maintained for centuries. Justice Olney used a quote from Curr's Recollections to argue otherwise:

I have often seen them, as an instance, land large quantities of fish with their nets and leave all the small ones to die within a yard of the water.

– Edward Curr

Justice Howard Olney argued that many of these traditions were no longer being practiced by the Yorta Yorta people and, as such, they could not prove a continued connection with the land.

While Curr is regarded as a reputable source, there were some problems with the way his writing was interpreted by the court.

Taken literally, the above quote seems to indicate that the Yorta Yorta's interest in their environment was not shared by their ancestors, who let young fish die. Justice Olney also used some of Curr's writings to challenge the Yorta Yorta people's attachment to the land:

I recollect on one occasion a certain portion of country being pointed out to me as belonging exclusively to a boy...I offered him...a stick of tobacco for the fee-simple of his patrimonial property, which, after a short consultation with his elders, was accepted and paid.

– Edward Curr

Another issue with Curr's observations is that almost 30 years had passed between the events and the time of writing, and that when he was writing Recollections, he was a member of the Board for the Protection of Aborigines. As such, his work would need to be considered within the context of the Board's often difficult relations with Indigenous Victorians.

Ultimately, the Yorta Yorta people had their claim dismissed because they did not conform to the image of their culture described by a 19th century British squatter. However, their claim brought Native Title back into the national consciousness, and highlighted possible flaws in the Native Title Act.