Wurridjal & Ors v Commonwealth of Australia

The applicants, Wurridjal and others, brought proceedings against the Commonwealth of Australia in the High Court of Australia concerning the validity of certain provisions of the *Native Title Act 1993* (Cth) and the *Land Rights (Northern Territory) Act 1976* (Cth). The dispute centred on the extinguishment of native title rights and interests by the operation of these legislative regimes, particularly in relation to the grant of pastoral leases.

The primary legal issues before the Court were whether the extinguishment of native title by the grant of pastoral leases under the *Land Rights (Northern Territory) Act 1976* (Cth) was valid, and consequently, whether the *Native Title Act 1993* (Cth) had validly extinguished native title in relation to those areas. The applicants contended that the extinguishment was unconstitutional, arguing it was inconsistent with the *Racial Discrimination Act 1975* (Cth) and the implied constitutional guarantee of the continued existence of native title.

The Court, in a majority decision, held that the extinguishment of native title by the grant of pastoral leases under the *Land Rights (Northern Territory) Act 1976* (Cth) was valid. The majority reasoned that the *Racial Discrimination Act 1975* (Cth) did not invalidate the legislative extinguishment of native title, as the *Land Rights (Northern Territory) Act 1976* (Cth) was a later Act that evinced a clear intention to override any inconsistent provisions of the *Racial Discrimination Act 1975* (Cth). Furthermore, the Court rejected the argument that there was an implied constitutional guarantee of the continued existence of native title, finding no such guarantee in the Australian Constitution. The Court affirmed the principle that Parliament has the power to extinguish native title, provided it does so with sufficient clarity.

The High Court dismissed the application.