Fuller & Anor v De Rose & Ors

The Full Court of the High Court of Australia heard an appeal concerning a dispute between the Fuller family and the De Rose family regarding native title rights and interests over land in South Australia. The primary issue revolved around the extinguishment of native title by certain past acts, specifically the granting of pastoral leases and the subsequent reservation of land for Aboriginal purposes.

The High Court was required to determine whether the granting of pastoral leases over the claim area, and the subsequent reservation of portions of that land for Aboriginal purposes, had the effect of wholly or partially extinguishing the native title rights and interests claimed by the De Rose respondents. This involved an examination of the nature and effect of the rights conferred by the pastoral leases and the reservations, and whether these rights were inconsistent with the continued existence of native title.

The Court analysed the relevant provisions of the *Native Title Act 1993* (Cth) and the common law principles governing the extinguishment of native title. It considered the nature of the rights granted under the pastoral leases, particularly whether they conferred exclusive possession or rights that were inconsistent with native title. The Court also examined the effect of the reservations, determining whether they extinguished native title or merely regulated its exercise. The High Court ultimately found that the granting of the pastoral leases had extinguished native title over the leased areas, but that the reservations did not extinguish native title, instead creating a framework for its co-existence with other rights.

The appeal was allowed in part, with the High Court remitting the matter to the Federal Court for further determination of the extent of native title rights and interests in the areas not affected by the pastoral leases.