Nulyarimma - Appn by

The applicant, Nulyarimma, sought leave to appeal against a decision of the Full Federal Court. The dispute concerned the interpretation and application of the *Native Title Act 1993* (Cth) and the *Racial Discrimination Act 1975* (Cth) in relation to a native title claim. The matter came before Callinan J in chambers.

The primary legal issue before the court was whether the Full Federal Court had erred in its determination regarding the extinguishment of native title rights and interests. Specifically, the court was required to consider whether certain government acts, including the grant of pastoral leases, had the effect of wholly or partially extinguishing native title over the claimed area, and whether the *Racial Discrimination Act* could operate to prevent such extinguishment where it would discriminate on the basis of race.

Callinan J considered the established principles of native title extinguishment as developed in High Court jurisprudence, particularly in relation to the effect of grants of interests in land that are inconsistent with the continued existence of native title. His Honour also examined the interaction between the *Native Title Act* and the *Racial Discrimination Act*, noting the High Court's previous pronouncements on the latter's capacity to invalidate discriminatory legislative provisions. The application for leave to appeal was ultimately dismissed.