Western Australia v Ward; Attorney-General (Nt) v Ward;Ningarmara v Northern Territory;Ward v Crosswalk Pty Ltd
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judge | Gleeson CJ,Gaudron,Gummow,Hayne JJ,McHugh J,Kirby J,Callinan J |
| Judgment Date | 08 August 2002 |
| Neutral Citation | [2002] HCA 28,2002-0808 HCA E |
| Docket Number | Matter No P59/2000 Matter No P63/2000 Matter No P67/2000 |
| Date | 08 August 2002 |
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2 firm's commentaries
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Pre-1975 mining leases unlikely to extinguish native title in the absence of exclusive possession
...had to be resolved at common law. The Court therefore turned to its previous decision in Western Australia v Ward (2002) 213 CLR 1; [2002] HCA 28 to identify the proper test for extinguishment at common law, and held that the question that needed to be answered was whether the rights grante......
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Recent High Court judgment calls into question mining, pastoral or term leases granted before 1975
...whether native title is extinguished. The Court relied on the two step common law extinguishment test set out in Western Australia v Ward [2002] HCA 28. Firstly, the legal nature and content of the rights granted to the leaseholder and native title holder/claimant must be identified. The ne......