List of Australian native title court cases

Native title in Australia is decided principally by the High Court and the Federal Court.[citation needed]

Year Case Court Comment
1971 Milirrpum v Nabalco Pty Ltd Supreme Court (NT) Overruled by the High Court in Mabo v Queensland (No 2)
1982 Koowarta v Bjelke-Petersen High Court The Racial Discrimination Act 1975 was a valid law
1988 Mabo v Queensland (No 1) High Court Queensland attempt to abolish native title was invalid as inconsistent with the Racial Discrimination Act 1975
1989 Harper v Minister for Sea Fisheries [1989] HCA 47, (1989) 168 CLR 314 High Court
1992 Mabo v Queensland (No 2) High Court Rejected the doctrine of terra nullius and that indigenous land rights continued to exist in Australia
1996 Wik Peoples v Queensland High Court Native title rights could co-exist with statutory pastoral leases
1998 Fejo v Northern Territory [1998] HCA 58, (1998) 195 CLR 96 High Court Native title was completely extinguished by a grant of freehold title
1999 Yanner v Eaton [1999] HCA 53, (1999) 201 CLR 351 High Court Upheld the right to hunt as a part of native title rights
1999 Commonwealth v Yarmirr High Court Upheld non-exclusive native title rights to the sea and sea bed
2002 Western Australia v Ward High Court Native title is a bundle of rights, which may be extinguished one by one
2002 Yorta Yorta v Victoria High Court Upheld a finding that the "tide of history" had "washed away" traditional laws and customs and that the native title claim failed
2003 Neowarra v State of Western Australia [2003] FCA 1402 Federal Court
2005 Sampi v Western Australia [2005] FCA 777 Federal Court
2005 Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria Federal Court First successful native title claim in south-eastern Australia
2007 Gumana v Northern Territory [2007] FCAFC 23 Federal Court (Full Court)
2008 Bodney v Bennell (Noongar) Federal Court (Full Court) Whether native title continues to exist in and around Perth
2013 Akiba v Commonwealth High Court Licensing of fishing activates did not extinguish the relationship of the people to the land nor extinguish the native title right to take fish

References

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