List of Australian native title court cases
(Redirected from 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 |