Wurridjal & Ors v The Commonwealth of Australia

The applicants, Wurridjal and others, 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. Specifically, the applicants challenged the Commonwealth's assertion that the *Native Title Act* extinguished native title over certain areas of land and waters.

The central legal issue before the High Court was whether the *Native Title Act*, as amended, validly extinguished native title rights and interests in areas where native title had been recognised or determined, and whether the Commonwealth's actions in relation to these areas were consistent with its obligations under the *Racial Discrimination Act 1975* (Cth). The applicants contended that the amendments to the *Native Title Act* discriminated against native title holders on the ground of race, thereby contravening the *Racial Discrimination Act*.

Hayne J, in his reasons, considered the nature of native title and its extinguishment under the *Native Title Act*. His Honour analysed the legislative framework and the amendments made to the *Native Title Act* over time, particularly in light of the High Court's previous decision in *Mabo v Queensland (No 2)*. The reasoning focused on the interpretation of the *Native Title Act* and its interaction with the *Racial Discrimination Act*, examining whether the legislative scheme created an impermissible disadvantage for native title holders compared to other landowners. The principles applied involved statutory interpretation, the extinguishment of native title, and the prohibition of racial discrimination.

The High Court ultimately dismissed the applicants' application, finding that the *Native Title Act*, including its amendments, did not contravene the *Racial Discrimination Act* and that the provisions concerning extinguishment of native title were valid.