Native title in Australia is decided principally by the High Court and the Federal Court.
Year Case CourtComment Milirrpum v Nabalco Pty Ltd Supreme Court (NT) Overruled by the High Court in Mabo v Queensland (No 2) Koowarta v Bjelke-Petersen High Court The Racial Discrimination Act 1975 was a valid law Mabo v Queensland (No 1) High Court Queensland attempt to abolish native title was invalid as inconsistent with the Racial Discrimination Act 1975 Harper v Minister for Sea Fisheries High Court Mabo v Queensland (No 2) High Court Rejected the doctrine of terra nullius and that indigenous land rights continued to exist in Australia Wik Peoples v Queensland High Court Native title rights could co-exist with statutory pastoral leases Fejo v Northern Territory High Court Native title was completely extinguished by a grant of freehold title Yanner v Eaton High Court Upheld the right to hunt as a part of native title rights Commonwealth v Yarmirr High Court Upheld non-exclusive native title rights to the sea and sea bed Western Australia v Ward High Court Native title is a bundle of rights, which may be extinguished one by one 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 Neowarra v State of Western Australia Federal Court Sampi v Western Australia Federal Court Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria Federal Court First successful native title claim in south-eastern Australia Gumana v Northern Territory Federal Court (Full Court) Bodney v Bennell (Noongar) Federal Court (Full Court) Whether native title continues to exist in and around Perth 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 Commonwealth v Yunupingu High Court Native title rights are equivalent to property rights and therefore subject to compensation 'on just terms' when extinguished under the Constitution
See also Native title in Australia