Kartinyeri & Anor v Commonwealth of Australia

The applicants, Kartinyeri and another, sought judicial review of a decision by the Commonwealth of Australia. The dispute concerned the validity of certain legislative provisions and their impact on Indigenous land rights. The matter came before Callinan J in chambers.

The primary legal issue before the Court was whether the *Hindmarsh Island Bridge Act 1997* (Cth) was a valid exercise of the Commonwealth's legislative power, particularly in light of its potential to extinguish native title rights and interests. The applicants contended that the Act was invalid for a number of reasons, including that it contravened the *Racial Discrimination Act 1975* (Cth) and that it was not a valid exercise of the legislative power conferred by the *Australian Constitution*.

Callinan J considered the scope of the Commonwealth's legislative power and the operation of the *Racial Discrimination Act*. His Honour examined the legislative history and purpose of the *Hindmarsh Island Bridge Act*, as well as the evidence presented regarding the impact on the applicants' traditional beliefs and connection to the land. The Court applied principles of constitutional interpretation and the doctrine of legislative supremacy, assessing whether the Commonwealth Parliament had the power to enact legislation that might affect native title rights, even if it had an incidental impact on racial discrimination.

The application was dismissed.