Att-Gen WA & Anor v Marquet

The Attorney-General of Western Australia and another party sought special leave to appeal to the High Court of Australia against a decision of the Full Court of the Supreme Court of Western Australia. The dispute concerned the validity of certain provisions of the *Conservation and Land Management Act 1984* (WA) and the *Wildlife Conservation Act 1950* (WA) as they applied to Aboriginal traditional hunting rights. The core of the disagreement lay in whether these State laws unduly interfered with the native title rights of the Marquet family, who claimed to hold native title over certain lands in Western Australia.

The High Court was required to determine whether the Full Court of the Supreme Court of Western Australia had erred in its interpretation of the *Native Title Act 1993* (Cth) and its interaction with the State legislation. Specifically, the court had to consider whether the State laws, which regulated hunting and the taking of wildlife, were validly enacted and whether they extinguished or impaired the native title rights of the Marquet family to hunt on their traditional lands. A key question was whether the State laws were inconsistent with the *Native Title Act* or whether they constituted a valid exercise of the State's legislative power that could lawfully affect native title.

Gaudron J, in chambers, considered the arguments presented by both parties regarding the potential for the State legislation to extinguish native title rights. The judge's reasoning focused on the principles of statutory interpretation and the established legal framework for assessing the validity of State laws in the context of native title. The ultimate decision on whether to grant special leave to appeal would depend on whether there was a reasonably arguable case of error in the Full Court's judgment, particularly concerning the application of the *Native Title Act* and the extent to which the State laws could lawfully impact native title rights.