Nulyarimma, Application by

This matter concerned an application by Nulyarimma for leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The dispute arose from proceedings in the Federal Court concerning the validity of certain provisions of the *Native Title Act 1993* (Cth) and their application to the extinguishment of native title rights. Nulyarimma, representing an Indigenous group, sought to challenge the interpretation of the Act by the lower court.

The primary legal issue before the High Court was whether the Full Federal Court had erred in its interpretation of section 237 of the *Native Title Act 1993* (Cth), specifically concerning the meaning of "an act attributable to the Crown" and its effect on native title rights. The applicant argued that the Full Federal Court's construction of this section was too narrow and failed to give adequate recognition to the rights and interests of Indigenous Australians.

McHugh J, in considering the application for leave to appeal, focused on whether the case raised a question of law of public importance or whether there were other compelling reasons for the High Court to grant leave. His Honour examined the arguments presented regarding the statutory interpretation of the *Native Title Act 1993* (Cth) and the potential implications of the Full Federal Court's decision for the recognition and protection of native title. The ultimate determination rested on whether the applicant had demonstrated a sufficient arguable case of error or a broader public interest in the High Court's intervention.

Leave to appeal was refused.