Wurridjal & Anor v Commonwealth of Australia

The applicants, Wurridjal and another, brought proceedings against the Commonwealth of Australia in the High Court 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 primary legal issue before the High Court was whether the *Native Title Act 1993* (Cth), as amended, validly extinguished native title rights and interests in relation to certain areas of land and waters, particularly in circumstances where those rights and interests were not recognised by the common law at the time of the amendments. The court was required to consider the constitutional validity of the amendments and their effect on the recognition and protection of native title.

Hayne J, in his reasons, examined the legislative history and the constitutional framework governing native title. His Honour considered the power of the Commonwealth Parliament to make laws with respect to the people of any race for whom it is deemed necessary to make special laws, as provided by s 51(xxvi) of the *Constitution*. The reasoning focused on the interpretation of the *Native Title Act 1993* (Cth) and its amendments, particularly in light of previous High Court decisions concerning native title. The principles applied involved statutory interpretation and the constitutional reach of Commonwealth legislative power in relation to Indigenous Australians.