State of Western Australia v Manado & Ors; State of Western Australia v Augustine & Ors; Commonwealth of Australia v Augustine & Ors; Commonwealth of Australia v Manado & Ors

The High Court of Australia considered appeals and cross-appeals concerning the validity of certain native title determinations made by the Federal Court of Australia. The primary parties were the State of Western Australia and the Commonwealth of Australia, on one side, and various native title claimants, including the Manado and Augustine groups, on the other. The dispute centred on whether the Federal Court had erred in its approach to determining native title rights and interests, particularly in relation to the extinguishment of those rights by past acts of government.

The central legal issues before the High Court were whether the Federal Court had correctly applied the principles of extinguishment of native title under the *Native Title Act 1993* (Cth) and relevant common law principles, and whether the evidence presented supported the findings of native title rights and interests as determined. Specifically, the court examined the interpretation of "past act" and "intermediate act" under the *Native Title Act*, and the effect of these acts on native title where the acts themselves were invalid at the time they were done. The court also considered the evidentiary burden and standard of proof required to establish native title.

The High Court's reasoning involved a detailed analysis of the *Native Title Act* and its interaction with common law principles of native title. The court clarified that where a past act was invalid, it could not extinguish native title. It further held that the extinguishment of native title by a valid past act only occurred to the extent that the act was wholly inconsistent with the continued existence of native title rights and interests. The court found that the Federal Court had made errors in its application of these principles, particularly in its assessment of the inconsistency between certain government acts and the native title rights claimed.

Consequently, the High Court allowed the appeals in part, setting aside the Federal Court's determinations in relation to certain areas and remitting those matters back to the Federal Court for redetermination in accordance with the High Court's reasons. The court also made orders regarding the costs of the proceedings.