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
|