Nulyarimma & Ors v Thompson, Buzzacott v Hill

The applicants, Nulyarimma and others, and Buzzacott and Hill, sought declarations and injunctions against the respondent, Thompson, concerning the ownership and control of certain Indigenous cultural heritage sites. The proceedings were heard in the High Court of Australia.

The central legal issues before the High Court were whether the applicants held native title rights and interests in relation to the land in question, and whether the respondent's actions constituted an infringement of those rights. Specifically, the court had to determine the nature and extent of the native title claimed, and the legal consequences of any established native title rights in the context of the respondent's activities.

The High Court considered the principles of native title as established in *Mabo v Queensland (No 2)* and subsequent cases, focusing on the extinguishment and recognition of Indigenous rights. The court examined the evidence presented regarding the traditional laws and customs of the applicants and their connection to the land. The reasoning involved an analysis of the common law's approach to recognizing Indigenous proprietary interests and the criteria for establishing native title in the absence of statutory recognition. The court applied principles of evidence and legal interpretation to assess whether the applicants had discharged the onus of proving their native title rights and interests.

The High Court made declarations regarding the native title rights and interests of the applicants and granted injunctions restraining the respondent from further infringing those rights.