Case Law

ATNS has summaries of key litigated decisions made by the courts in relation to native title, land rights and other issues significant to nation building for Aboriginal and Torres Strait Islander people.

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Featured case law summaries

Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7

The High Court of Australia’s first ruling on payment of compensation on ‘just terms’ for the extinguishment of native title rights and interests.

Northern Land Council v Quall [2019] FCAFC 77

The Court found that the Native Title Act 1993 (Cth) does not permit a representative body to delegate the certifying of an application for the registration of an Indigenous Land Use Agreement (ILUA).

Mabo v the State of Queensland (No. 2) [1992] 175 CLR 1

The High Court of Australia found that the common law of Australia recognised native title.

Australian Securities and Investments Commission v Kobelt [2019] HCA 18

By a narrow majority, the High Court decided that the provision of a 'book up' system of credit to a remote Indigenous community was not 'in all the circumstances' unconscionable under s 12CB(1) of the Australian Securities and Investments Commission Act 2001 (Cth).