Open AccessWik Peoples v State of Queensland: Extinguishment of Native Title
Author(s) -
Richard Ogden
Publication year - 1998
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v28i2.6074
Subject(s) - extinguishment , project commissioning , publishing , high court , state (computer science) , law , political science , property rights , sociology , mathematics , algorithm
The 1996 decision of the High Court of Australia in Wik Peoples v State of Queensland will be remembered by all as the first fruits of the Mabo decision. Wik is the first of many decisions that will challenge Australia as it attempts to come to terms with the past. The Wik case introduces the possibility that native title may indeed survive 'extinguishment' or at the very least may be subject to mere 'impairment' when conflict arises. This is a consequence of the re-conceptualisation of property rights that the practical outcome of the case necessitates. This article explains the move from 'co-existence' of rights to 'impairment' of native title to the possibility of the revival of native title.