Wik Peoples v Queensland

JurisdictionAustralia Federal only
Judgment Date1996
Neutral Citation[1996] HCA 40,1996-1223 HCA B
Year1996
Date1996
CourtHigh Court
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148 cases
3 firm's commentaries
36 books & journal articles
  • Native title and the 'acquisition of property' under the Australian constitution.
    • Australia
    • Melbourne University Law Review Vol. 28 No. 1, April - April 2004
    • 1 April 2004
    ...native title projects considerable legal stability, strength and resistance to obliteration: at 90-1. In Wik Peoples v Queensland (1996) 187 CLR 1 ('Wik'), Kirby J was even more emphatic that what 'is in issue is title in respect of land': at 237 (emphasis in (31) See, eg, the discussion of......
  • The Definition and Discovery of Facts in Native Title: The Historian's Contribution
    • United Kingdom
    • Sage Federal Law Review No. 36-3, September 2008
    • 1 September 2008
    ...society and the demands of the Western _____________________________________________________________________________________ 5 (1996) 187 CLR 1 ('Wik'), 182–3 (Gummow J). 6 Bradley Selway, 'The Use of History and Other Facts in the Reasoning of the High Court of Australia' (2001) 20 Univers......
  • Of Kings and Officers — The Judicial Development of Public Law
    • United Kingdom
    • Sage Federal Law Review No. 33-2, June 2005
    • 1 June 2005
    ...judicial reasoning.340_____________________________________________________________________________________ 339 Wik Peoples v Queensland (1996) 187 CLR 1, 182–3. 340 See Bradley Selway, 'The Use of History and Other Facts in the Reasoning of the High Court of Australia' (2001) 20 University......
  • The Development of the High Court's Willingness to Overrule Common Law Precedent
    • United Kingdom
    • Sage Federal Law Review No. 45-2, June 2017
    • 1 June 2017
    ...Gaudron JJ). The nature of the common law concept of native title was elaborated on and clarified in Wik Peoples v State of Queensland (1996) 187 CLR 1. In that decision, a High Court majority (Toohey, Gaudron, Gummow and Kirby JJ) held that native title was not necessarily extinguished by ......
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