Fejo v Northern Territory
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1998-0910 HCA A,[1998] HCA 58 |
| Date | 1998 |
| Year | 1998 |
| Court | High Court |
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111 cases
2 firm's commentaries
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Pre-1975 mining leases unlikely to extinguish native title in the absence of exclusive possession
...leases did not grant exclusive possession The High Court, adopting the formula it had earlier set out in Fejo v Northern Territory [1998] HCA 58; (1998) 195 CLR 96, decided that the leases could only be said to have granted exclusive possession if they had conferred on the joint venturers t......
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An odd couple: mining leases and native title can coexist - Western Australia v Brown [2014] HCA 8
...to native title claimants than the extinguishment provisions under the NTA. Footnotes 1Western Australia v Ward (2002) 213 CLR 1 2(1998) 195 CLR 96 3Wik Peoples v Queensland (1996) 187 CLR 1 4Western Australia v Ward (2002) 213 CLR 1 5(2005) 145 FCR 290 The content of this article is intend......
8 books & journal articles
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Native title and the 'acquisition of property' under the Australian constitution.
.... (42) (1988) 166 CLR 186. (43) Ward (2002) 191 ALR 1, 48 (Gleeson CJ, Gaudron, Gummow and Hayne JJ). (44) Fejo v Northern Territory (1998) 195 CLR 96, 126 (Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ) ('Fejo'), quoting Commonwealth v New South Wales (1923) 33 CLR 1, 42 (Isaa......
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The Definition and Discovery of Facts in Native Title: The Historian's Contribution
...(French, Finn and Sundberg JJ). 37 Mabo (1992) 175 CLR 1, 58 (Brennan J), 110 (Deane and Gaudron JJ); Fejo v Northern Territory (1998) 195 CLR 96, 128 [46] (Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ); Yanner v Eaton (1999) 201 CLR 351, 382–3 [72] (Gummow J); Wik (1996) 187 ......
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A hope disillusioned, an opportunity lost? Reflections on common law native title and ten years of the Native Title Act.
...(Gleeson C J, Gandron, Gummow and Hayne JJ). (112) Mabo (1992) 175 CLR 1, 69 (Brennan J), later confirmed in Fejo v Northern Territory (1998) 195 CLR 96 ('Fejo'), although the issue of Crown to Crown grants was not (113) Henry Reynolds, 'Native Title and Pastoral Leases' in Margaret Stephen......
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Members of the Yorta Yorta Aboriginal Community v. Victoria: indigenous and colonial traditions in Native Title.
...not an institution of the common law'. See also Wik Peoples v Queensland (1996) 187 CLR 1, 91 (Brennan CJ); Fejo v Northern Territory (1998) 195 CLR 96, 128 (Gleeson CJ, Gaudron, McHugh, Gummow, Hayne and Callinan JJ) (108) Cf Lisa Strelein, `Conceptualising Native Title' (2001) 23 Sydney L......
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