Wurridjal & Anor v Commonwealth of Australia

The applicants, Wurridjal and another, brought proceedings against the Commonwealth of Australia. The dispute concerned the validity of certain provisions of the *Native Title Act 1993* (Cth) and their application to the applicants' native title rights and interests. The matter was heard by Hayne J of the High Court of Australia.

The primary legal issue before the Court was whether the *Native Title Act 1993* (Cth), as amended, validly extinguished native title rights and interests in certain areas of land and waters, specifically in relation to the grant of pastoral leases. The applicants contended that the legislative scheme did not extinguish their native title and that the Commonwealth had failed to comply with its constitutional obligations in relation to native title.

Hayne J considered the legislative history and the amendments to the *Native Title Act 1993* (Cth), particularly those enacted by the *Native Title Amendment Act 1998* (Cth). His Honour analysed the provisions relating to the extinguishment of native title by the grant of certain interests, including pastoral leases, and the framework for determining native title rights and interests. The Court applied principles of statutory interpretation and constitutional law, including the implied constitutional guarantee of procedural fairness and the scope of the Commonwealth's legislative power under s 51(xxvi) of the *Constitution*. His Honour found that the amendments to the *Native Title Act 1993* (Cth) were a valid exercise of the Commonwealth's legislative power and that the provisions concerning the extinguishment of native title by the grant of pastoral leases were constitutionally valid.

The application was dismissed.