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WorldLII >> Categories >> Countries >> Australia >> By Subject >> Aboriginals & Torres Strait Islanders >> Case-Law

• Administration of Papua v Daera Guba (1973) 130 CLR 353 (Cth)
  Barwick CJ hinted here that native title might exist at common law (indication that milirrpum was due for re-assessment) (on AustLII)
• Alec Kruger & Ors v The Commonwealth of Australia; George Ernest Bray & Ors v The Commonwealth of Australia (1997) HCA 27 (31 July 1997)
  The High Court (by majority) decide that the Aboriginals Ordinance 1918 (NT) authorising the removal of Aboriginal children was not constitutionally invalid (on AustLII)
• Attorney-General of the Northern Territory v Ward [2003] FCAFC 283 (9 December 2003)
  This was a consent determination that native title exists in part of the area of the Miriuwung Gajerrong application area. There are 3 estate areas and groups, Damberal, Bindjen and the Nyawamnyawam. This case follows the High Court in WA v Ward 2002, saying that non-exclusive rights must be listed exhaustively (on AustLII)
• Banibi Pty Ltd v Aboriginal Land Commissioner (1987) 76 ALR 655 (CTH)
  One of a series of cases recognising stock routes as claimable under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (on AustLII)
• Ben Ward & Ors v State of Western Australia & Ors [1998] 1478 FCA (24 November 1998) (CTH)
  Mirriuwung &Gajerrong Families Heritage and Land Council - successful Native Title claim over North-Eastern Kimberley (on AustLII)
• Bennell v State of Western Australia & Ors; Bodney v State of Western Australia & Ors [2006] FCA 1243
  Determination the native title existed over 9000 sq kms in and around Perth. This area forms part of the Single Noongar claim. The court held that the Noongar people consituted a normative society at sovereighnty, and that the impossibility of maintaining many tradtional laws and customs did not mean that the Noongar society had not continued. Whether native title rights encompass exclusive possession rights will be determined separately for each piece of land (on AustLII)
• Coe v Commonwealth (1979) 24 ALR 118 (Cth)
  The High Court (by majority) refuse leave to amend a statement of claim to assert Aboriginal sovereignty over Australia - but hint that the existence of native title would be 'arguable...if properly raised' (on AustLII)
• The Commonwealth v Yarmirr; Yarmirr v Northern Territory [2001] HCA 56 (11 October 2001)
  The Croker Island case was test case brought by Mary Yarmirr and others, on behalf of a number of clan groups, to claim native title over the sea and seabed. By majority, the High Court held that native title can apply to offshore areas, but that there can be no exclusive native title rights because of other rights to sea, such as innocent passage (on AustLII)
• Cubillo v Commonwealth (includes summary dated 11 August 2000) [2000] FCA 1084
  Two plaintiffs, members of the stolen generations sued the commonwealth for false imprisonment, breach of duties and negligence in this test case. Dismissed- the evidence was insufficient, and the court refused to grant an extension of time to bring the claims (on AustLII)
• Cubillo v Commonwealth of Australia (includes summary dated 30 April 1999) [1999] FCA 518
  Prima facie case established against the commonwealth by two members of the stolen generation, removed under NT legislation as children in 1947 and 1956 (on AustLII)
• Cubillo v Commonwealth of Australia (includes summary of 31 August 2001) [2001] FCA 1213
  This appeal to the full Federal Court was dismissed, with the court finding that the commonwealth was not liable to two people who had been removed from their families as children, institutionalised and mistreated under standard government practices of the time. Leave to appeal to the High Court was subsequently refused (on AustLII)
• Desmond Gibbs v.Lyle Capewell, Australian electoral Commission and Minister for Aboriginal and Islander Affairs No. QG 10 of 1994 FED No. 25/95 Disputed Election Petition (1995) 128 ALR 577 (1995) 54 FCR 503
  Determination of the meaning of 'Aboriginal Person' in the context of a challenge to candidate to ATSIC regional council (on AustLII)
• Ebatarinja v Deland [1998] HCA 62 (30 September 1998)
  The Aboriginal murder accused was deaf, mute and illiterate and could not comprehend the charges against him or communicate with his lawyers. The High Court held that committal procedings were not possible under ss 106, 110 of Justice Act (NT) unless the accused is present and can communicate and has heard the evidence (on AustLII)
• Fejo v Northern Territory of Australia [1998] HCA 58 (10 September 1998)(CTH)
  Native title extinguished in cases where fee simple applies to the land. Extinguishment is permanent (on AustLII)
• Frank v Police [2007] SASC 288 (2 August 2007)
  The accused did not speak English and required a Pitjantjatjara interpreter, magistrate adjourned case several times but eventually sentenced accused (after a guilty plea) without an interpreter. On appeal it was held that there is a right to an interpreter, proceedings must be stayed until interpreter available, and sentencing without an interpreter is an error of law (on AustLII)
• Gamogab v Akiba [2007] FCAFC 74 (18 July 2007)
  Gamogab is a PNG national who sought to be joined as a party to the Akiba native title claim over sea areas in the Torres Strait. The trial judge had exercised discretion to refuse joinder on the grounds that political and foreign relations are non justiciable. On appeal it was held that the discretion had miscarried and the application for joinder should be granted (on AustLII)
• Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 91 (15 June 2007)
  Mutitjulu Community Aboriginal Corportation was incorporated under the Aboriginal Councils and Assosciations Act 1976 (Cth) to provide all services to the community. In July 2006, the govt announced that it would stop all funding and gave the Corporation only one day to show casuse why an administrator should not be appointed. This was held to be not reasonable, and the full court said the decision is invaild (on AustLII)
• Gumana v Northern Territory of Australia [2007] FCAFC 23 (2 March 2007)
  This case about Yolngu rights over Blue Mud Bay was an appeal to full federal court. The court held that Land Rights Act grants to the Yolngu, in fee simple, mean that fishing licences cannot be granted to others by the govt. However, an exclusive right to these lands and waters will not be recognised at common law for the purpose ot s 223(1)(c) Native Title Act (on AustLII)
• Hales v Jamilmira [2003] NTCA 9 (15 April 2003) [Search]
  This prosecution appeal was against the short sentence originally given to a man who had unlawful sex with his 'promised wife' who was unwilling and aged fifteen. On appeal the sentence was increased to 12 months imprisonment, suspended after one month (on NT Supreme Court)
• Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) (Includes summary by Lindgren J) [2007] FCA (5 February 2007)
  Originally lodged in 1994, this became a hearing of native title claims by 8 claimant groups, for areas which overlapped. The two main claims, Wongatha and Cosmo Newberry, were dismissed, as were the overlapping parts of all other claims. The Court found that under the Native Title Act 1993, new claim groups cannot be formed, because to succeed, the group, the group rights and interests, and the group claim area must reflect recognition in traditional laws and customs (on AustLII)
• Harry Brandy v Human Rights and Equal Opportunity Commission and Ors F.C. 95/006 (1995) 183 CLR 245
  Determined that HREOC, as a non-judicial body does not have the constitutional power to make legally binding decisions (on AustLII)
• Hayes v Northern Territory [1999] FCA 1248 (9 September 1999)
  This litigated case was the first determination of native title existing in a town. It was held that the Arrernte people (Mpantwe, Antulye and Irlpme) had rights which co-existed with other interests on 118 parcels of land - reserves, parks and vacant crown land in and around Alice Springs. Olney J also held that native title can co-exist with pastoral leases (on AustLII)
• Hindmarsh Island Bridge Act Case: Kartinyeri v The Commonwealth [1998] HCA 22 (1 April 1998)
  The Bridge Act was introduced to prevent Heritage Protection Act from protecting Ngarrindjeri country from the building of Hindmarsh Island Bridge. The High Court majority held the Bridge Act was not in conflict with the Cth Constitution s51(xxvi) and was valid (on AustLII)
• In the matter of an application by Anthony [2004] NTSC 5 [Search]
  Aboriginal man was granted bail with condition that he would not go to Lajamanu, where he would receive traditional punishment for manslaughter of his wife. He was later arrested at hospital after breaching bail conditions to receive traditional punishment (on Supreme Court of NT website)
• Isabel Coe on behalf of the Wiradjuri Tribe v. The Commonwealth of Australia and the State of New South Wales (1993) S. 93/017 (1993) 68 ALJR 110, (1993) 118 ALR 193
  A single judge of the High Court (Mason CJ) relied upon procedural and substantive grounds to strike out a statement of claim. Issues raised included Aboriginal sovereignty, genocide, fiduciary duties and common law native title in relation to large areas of NSW (on AustLII)
• Jackie Anzac Jadurin v The Queen (Unreported Appeal to Federal Court of Australia, at Darwin, 27 October 1982)
  This appeal against sentence - for bashing his wife to death - was unsuccessful. The trial judge had already taken account of payback which would be inflicted on the accused. This case has sentencing principles for traditional punishment (on AustLII)
• Jango v Northern Territory of Australia [2007] FCAFC 101 (6 July 2007)
  Claim under s61(1)Native Title Act 1993 (Cth)on behalf of Yankunytatjatjara and Pitjantjatjara people for compensation for extinguishment of native title around Yulara in the Western Desert. The court held that native title was not established by the evidence, so no compensation was granted. The appeal was dimissed (on AustLII)
• John Bulun Bulun & Anor v R & T Textiles Pty Ltd (1998) 86 FCR 244 [Search]
  Known as the Carpets Case, this decision examined possible native title rights of an indigenous community over an artwork embodying traditional ritual knowledge. It was held that in some circumstances the elders, as custodians or traditional owners of the knowledge, may have a legal interest which gives rights over a copyright work created by a member of that community (on AustLII)
• Koowarta v Bjelke Petersen (1982) 153 CLR 168 (CTH)
  The High Court (by majority) uphold the Constitutional validity of the Racial Discrimination Act 1975 (Cth) (on AustLII)
• The Lardil Peoples v State of Queensland [2004] FCA 298 (23 March 2004)
  The court determined that native title rights to non-exclusive access to lands and waters adjacent to the Wellesley Islands on the Qld coast are held by the Lardil, Yangkaal, Kaiadilt and Gangalidda peoples. The claimants' relationship with the land consisted of 'sustenance and religious and spiritual belonging' and the rights to hunt and fish are included (on AustLII)
• Mabo & Ors v Queensland & Commonwealth S86/001 [1986] HCA 8 (27 February 1986)
  Murray Islanders’ claim that their land rights were not affected by acquisition of British sovereignty and continue. In this directions hearing, HCA Chief Justice Gibbs ordered that the matter be remitted to the Supreme Court of Queensland for determination of issues of fact (on AustLII)
• Mabo (No 1): Mabo & Anor v State of Queensland & Anor [1988] HCA 69, (1989) 166 CLR 186
  The High Court by majority held that the Queensland Coast Islands Declaratory Act 1985 (Qld) was invalid. The Qld Act had been passed to assert that all native title rights in the Torres Strait has been extinguished in 1879, in an attempt to prevent the Meriam people having their native title recognised by the courts (on AustLII)
• Mabo (No 2): Mabo and Ors v Queensland (1992)175 CLR 1
  The majority of the High Court (6-1) decide that native title survived the crown's aquisition of sovereignty, and where not extinguished by other acts, native title is continuing and recognised by the common law of Australia (on AustLII)
• Mark Anderson on behalf of the Spinifex People v State of Western Australia [2000] FCA 1717 (28 November 2000)
  The Pula Nguru people (aka Spinifex people) hold native title to about 55 000 sq kms of land and waters in the Central Desert region of WA. This signifcant consent determination gives the peoples exclusive possession of about four-fifths of the claims area (on AustLII)
• Mason v Tritton (1994) 34 NSWLR 572
  The appellant had been convicted for taking abalone without a license, but he claimed that he had a native title right to the fish. The court said that under s223 of the Native Title Act such a defence was possible. However, in this case, the evidence did not establish that the man had been exercising a traditional right, and his appeal was unsuccessful for lack of evidence (extracted in AILR on AustLII)
• McGlade v Lightfoot [2002] FCA 1457 (26 November 2002)
  Successful complaint of racial vilification brought against Western Australian Liberal Senator Ross Lightfoot, who told the Financial Review during an interview that “Aboriginal people in their native state are the most primitive people on earth”, whose culture included “terrible sexual and killing practices” (on AustLII)
• The Members of the Yorta Yorta Aboriginal Community v The State of Victoria & Ors [1998] 1606 FCA (18 December 1998)
  Unsuccessful native title claim over part of Victoria, it was held that the 'tide of history' meant Yorta Yorta people were no longer a traditional society and had adandoned native title because they no longer obseverd traditional laws and customs (on AustLII)
• Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58; 214 CLR 422 (12 December 2002)
  High Court dismissed appeal by Yorta Yorta people, native title does not exist in the area. For rights to be recognised there must be evidence that the laws and customs of the normative system from which the rights stem must have had a continuous existence since the Bristish assertion of sovereignty, within a continuing society (on AustLII)
• Native Title Act Case: The State of Western Australia v The Commonwealth 1995 (Cth)
  Challenge to constitutionality of Land (Titles and Traditional Usage) Act 1993 (WA), which purported to extinguish all native title in WA. High Court unanimously decide that the WA Act is invalid as a result of being inconsistent with the Racial Discrimination Act 1975 (Cth) s10 and the Native Title Act (Cth) s11 (on AustLII)
• Neal v The Queen (1982) 149 CLR 305 (CTH)
  Brennan J. observed that Aboriginality, where relevant, must be considered in the sentencing process. Harsh sentence increased on appeal. When appealed to the High Court the Court of Appealdecision was overturned but not the initial sentence (on AustLII)
• Ngarluma Yindjibarndi Native Title Appeal: Moses v State of Western Australia [2007] FCAFC 78 (7 June 2007)
  Determination that native title exists in the claim area. Not wholly extinguished in relation to pastoral leases for Mt Welcome, Coolawanya, Mallina and Hooley. Prior extinguishment was disregarded under s47B NTA in relation to temporary mining reserves, native title exists in the Karratha area, and two separate bodies should be the trustees of the native title (on AustLII)
• Ngatayi v. The Queen (1980) 147 CLR 1 (CTH)
  The High Court unanimously reject the argument that an Aboriginal defendant assisted by counsel lacks the capacity to understand the proceedings (on AustLII)
• Northern Territory of Australia v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group [2005] FCAFC 135 (29 July 2005)
  The claim group comprises 7 landholding estate groups, of traditional country south east of Tennant Creek. The court held that in relation to the pastoral lease land, native title rights were not exclusive, but did include a range of rights, however, the right to trade resources is not included. Exclusive native title was recognised over the undeveloped Hatches Creek townsite through s47B of the Native Title Act 1993 (Cth) (on AustLII)
• Northland Secondary College Case : Sinnappan & Foley v State of Victoria (Equal Opportunity Board, Melbourne 7 December 1993); Sinnappan v State of Victoria (1995) 1 VR 421
  Northland Secondary College emphasied Aboriginal culture in its teaching and this contributed strongly to the success of Aboriginal students. When the school's closure was proposed, two students brought a successful complaint of indirect racial discrimination. The State appealled from the Equal Opportunity Board to the Supreme Court, where the finding of discrimination was affirmed (in Australian Indigenous Law Reporter on AustLII)
• Patta Warumungu People v Northern Territory of Australia (includes Corrigendum dated 6 September 2007) [2007] FCA 1386 (3 September 2007)
  The first consent determination of native title over an Australian town, this decision recognised that the Patta Warumungu people have non-exclusive title over parcels of land in Tennant Creek (on AustLII)
• Pinkenba Case, Brisbane Magistrates Court, February 1995
  Three Aboriginal boys, aged 12, 13 and 14, gave evidence as prosecution witnesses in the committal hearing of six police officers charged with deprivation of liberty. This casenote highlights issues of culture and language in the cross examination of Aboriginal children (Aboriginal Law Bulletin)
• The Queen v Phillip Daniel Berida [1990] NTSC 10 (5 April 1990)
  Sentencing remarks on the case of a young Port Keats man who killed another. Issues include the community context when the crime happened, shame brought on accused's family by his acts, and the fact that he may never be safe to able to return to his community and will need to start a new life (on AustLII)
• R v Carl Maratabanga (1993) 3 NTLR 77 (23 June 1993) [Search]
  This case is about admissibility of confessional and other evidence collected by the police from an Aboriginal suspected of rape. The court held that conversation not recorded by police and a vidoe re-enactment made without adequate warning were inadmissible. Case looks at the Anunga rules for police interviewing of Aboriginal people (on NT Supreme Court website)
• R v Fuller-Cust [2002] VSCA 168 (24 October 2002)
  In this Victorian criminal appeal against sentence, the judge discussed the principles around taking Aboriginality into account for sentencing, and issues in the sentencing of a victim of the stolen generations (on AustLII)
• R v Helen Patricia Secretary (Question of law reserved in a trial) (1996) 107 NTR 1 [Search]
  The murder accused and her children had been abused by the husband for a number of years. He assaulted her and promised to kill her and she shot and killed him while he was asleep. The court held that there is no rule against self-defence being left to the jury only because the deceased was asleep, and that failing to leave the question to the jury was an error of law, and ordered a retrial (on NT Supreme Court website)
• R v Miyatatawuy (Sentencing remarks) (1996) 6 NTLR 44 [Search]
  This offender had stabbed her husband while drunk, but evidence was given to the court that the matter has already been resolved in the traditional way. She was 'under a form of cultural good behaviour bond' and had moved with her husband to a dry area. The court took account of the wishes of the relevant community that she not be gaoled and of her exceptional rehabilitation and did not send her to gaol because 'it would serve no ... social purpose' and could 'undo the good thus far achieved' (on NT Supreme Court website)
• R v Robin Bella Kina (Unreported, Queensland Court of Appeal, 29 November 1993)
  Successful appeal against conviction of Aboriginal woman who stabbed and killed her very violent partner. The appellant had not given evidence at trial because of cultural factors and communication difficulties, and the defence of provocation was not put to the jury, which was held on appeal to be a substantial miscarriage of justice (on Qld Supreme Court website)
• R v Scobie [2003] SASC 85; 85 SASR 77 (24 March 2003)
  In this case, the SA Supreme Court (Gray J) considered in detail the recommendations of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC), and expressed concern that the unstaisfactory implementation of them had meant that Scobie had been imprisoned when he should not have been. Petrol sniffing can legitimately mitigate sentence for Aborigial offenders in some circumstances (on AustLII)
• R v Sydney Williams (1976) 14 SASR1 (SA)
  Case leading to reference being given to the ALRC to investigate the recognition of Aboriginal Customary laws. Aboriginal murder of another Aboriginal resulted in suspended sentenceconditional on the punishment of the perpetrator under Aboriginal law (on AustLII)
• R v Wurramara [1999] NTSCCA 45 (28 April 1999) [Search]
  This Aboriginal offender was convicted of several offences including serious violence against his wife. The court held that the Aboriginality of the offender and the victim were not mitigating factors and that arguments that it is acceptable to bash one's wife will not be accepted by the court (on NT Supreme Court)
• R v. Toohey; ex Parte Northern Land Council [1981] HCA 74; (1981) 151 CLR 170 (24 December 1981)
  The NT made regulations to treat an area of 4,350 sq kms around Darwin as part of a town, which would effectively defeat the Kenbi Land Claim lodged by the Northern Land Council under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth ). The High Court held that the regulations would be invalid if their real purpose was to defeat the claim (on AustLII)
• Re Mataranka Area Land Claim; Ex Parte Banibi Pty Ltd (1986) 70 ALR 53 (CTH)
  One of a number of cases which held that stock routes and stock reserves were claimable under the Aboriginal Land (Northern Territory) Act 1976 (Cth) (on austLII)
• Risk v Northern Territory [2007] FCAFC 46 (5 April 2007)
  This unsuccessful appeal was against a decision that neither the Larrakia people nor the Danggalaba clan had native title rights. The court clarified the test of continuity of observance of traditional laws and customs from Yorta Yorta which allows adaptaion, and rejected the 'book end' test which simply compares the customs at sovereignty to those practiced today (on AustLII)
• Robinett v Police (2000) 78 SASR 85; [2000] SASC 405
  Successful appeal against conviction for several offences including resist arrest, offensive behaviour and threatening to cause harm. The appellant had been capsicum sprayed by police and his requests for medical attention were ignored, this was found to have contributed significantly to his behaviour (on AustLII)
• Rubibi Community v State of Western Australia (No 7)(with Corrigendum dated 10 May 2006) [2006] FCA 459 (28 April 2006)
  Native title exists and is held by the Yawuru Community, only for non-commercial use of resources. Case also defines criteria for membership of a native title holding community. Reserving land for gaol and police does not extinguish all native title, but construction extinguishes all native title for the land on which the building stands, but native title can remain over the rest of the claim area (on AustLII)
• Stack v Western Australia [2004] WASCA 300 (20 December 2004)
  This criminal appeal case has a thorough review of the law concerning Aboriginal witnesses, especially the issues of when a judge should use discretion to prevent leading questions being asked. Here, it is held that where English is a first language, Aboriginal witness should be treated as all other witnesses (on AustLII)
• State of Western Australia v Ben Ward & Others [2000] FCA 191 (CTH)
  Full Court of the Federal Court on appeal found that Native title of Miriuwung & Gajerrong Families had been extinguished with respect to the Ord irrigation scheme and the Argyle Diamond mine(on AustLII)
• Stuart v The Queen [1959] HCA 27; (1959) 101 CLR 1 (19 June 1959)
  Max Stuart was convicted of murder on confessional evidence, and famous anthropologist Ted Strehlow asserted that Stuart could only speak well in Arrernte, not English, and was illiterate. The High Court upheld the conviction; a SA Royal Commission into the case led to Stuart's death sentence being commuted to life imprisonment (on AustLII)
• Thorpe v Commonwealth of Australia [No 3] [1997] HCA 21 (12 June 1997)
  Sovereignty claim in the High Court, but unsuccessful in obtaining a declaration against the government. The claim said that illegal invasion of the land, genocide and other wrongs meant the govt owed a fiduciary obligation, and further that an Advisory Opinion should be sought from the International Court of Justice as to separate rights and legal status of Aboriginal peoples including their territorial sovereignty. The case was dismissed (on AustLII)
• Trevorrow v State of South Australia (No 5) [2007] SASC 285 (1 August 2007)
  First successful claim against a government by a member of the stolen generations. The court found: the State’s officers had taken him without legal authority, that the State had a duty of care and fiduciary duty, both had been breached. He had also been falsely imprisoned, and was granted declarations and damages including exemplary damages (on AustLII)
• Utemorrah and Ors v the Commonwealth of Australia and Anor F.C. S.92/004 (1992) 108 ALR 225
  Toohey J. decides to remit a common law native title claim from the High Court to the WA Supreme Court in preference to a remission to the Federal Court (on AustLII)
• Waanyi People v Queensland [1996] HCA 2; (1996) 185 CLR 595 (8 February 1996)
  The majority of the High Court (6-1) state that the effect of the Native Title Act 1993 (Cth) is that the Registrar of the National Native Title Tribunal must accept applications for native title that depend on questions of law that, being unsettled, are fairly arguable (on AustLII)
• Waldern v Hensler (1987) 163 CLR 561 (6 November 1987)
  The Aboriginal appellant had been convicted under the Fauna Coservation Act 1974 (Qld) s 54 for killing a bird for food. the High Court quashed his conviction, holding that although ignorance of the law is no excuse, the appellant had an honest claim of right defence under s 22 of the Ciminal Code (Qld) (on AustLII)
• Walker v the State of New South Wales S. 94/005 (1994) 182 CLR 45 (1994) 126 ALR 321 (1994)
  Mason CJ. decides that the principles in Mabo No 2 have no application where an Aboriginal person has committed an offence pursuant to "general criminal law" of NSW (on AustLII)
• Wayne Ashley v Robert Bruce Materna (Unreported Appeal, Supreme Court of the Northern Territory, 21 August 1997)
  The appellant had pleaded guilty to assault and appealed unsuccessfully against his sentence, saying that the Aboriginal customary context of the offence should be given more weight in sentencing. However, the court found that the particular customary practice- where a brother must strike his sister if her husband swears- is obsolete and no excuse, and appeal was dismissed (on NT Supreme Court website)
• Western Australia v Ward; Attorney-General (NT) v Ward; Ningarmara v Northern Territory [2002] HCA 28 (8 August 2002)
  This leading case on native title examines the provisions of the Native Title Act 1993 (Cth) and defines requirements for complete and partial extinguishment and recognition. Native title is a bundle of rights, and inconsistent rights and interests will be extinguished by other grants of rights to land. The case was remitted to the Federal Court for a consent determination of the native title area (on AustLII)
• The Wik Peoples v The State of Queensland & Ors; The Thayorre People v The State of Queensland & Ors (1996) (CTH)
  High Court decide by majority (4-3) that particular pastoral leases issued in Qld did not reveal an intention to extinguish native title (on AustLII)
• Wilson v Anderson [2002] HCA 29; 213 CLR 401 (8 August 2002)
  High Court found that NSW grazing leases granted in perpetuity under the Western Lands Act 1901 (NSW) conferred a right of exclusive possession. This meant that all native title had been extinguished for areas covered by those leases (on AustLII)
• Yanner v Eaton [1999] HCA 53 (Cth); 201 CLR 351
  High Court held that statute declaring fauna to be the property of the Crown did not extinguish native title rights to hunt and fish which are recognised by the Australian common law (on AustLII)