Mabo and the People of Mer (Murray Island in the Torres Strait Qld)

1992 - Litigated

This is the landmark case that established the recognition of native title rights and interests by the common law of Australia.

The High Court Mabo case centred around a simple question: Who had the right to occupy and possess the Murray Islands (or Mer as it is known in the local language)?...

The Dunghutti People (Crescent Head, NSW)

1996 - Consent determination and surrender

An example of a determination of native title and then surrender and extinguishment with compensation.

The native title application was over an area that was already subject to new residential development at Crescent Head on the north coast of NSW. The residential development had commenced after 1 January 1994 on an area of formerly Crown land. The State Government and the local Council had commenced the development without following the proper procedures under the Native Title Act 1993 (Cth). The State later realised its mistake and decided the only way out was a negotiated agreement involving compensation. The compensation was paid into a body corporate and held in trust with the proceeds being used for the benefit of the Dunghutti people and the continuance of their culture.

The Wik Peoples (Cape York, Qld)

1996 - Litigated

This is the test case that established that native title rights and interests could continue to co-exist on pastoral leases.

In 1996 the Wik peoples from Cape York Peninsula in far north Queensland made a legal claim for recognition of their native title rights and interests over two large parcels of land, which were subject to pastoral leases. They argued that their native title co-existed alongside the rights of the pastoral lessees.

Quandamooka

1997 - Process Agreement

The Quandamooka Land Council Aboriginal Corporation and the Redland Shire Council (SE Qld)

An example of a relationship with a local Council

In 1997 the Redland Shire Council and the Quandamooka Land Council Aboriginal Corporation signed a 'Native Title Process Agreement' aimed at resolving native title matters on North Stradbroke Island (Minjerribah). The Agreement was the first of its kind and included arrangements for jointly undertaking the development of a Planning and Land Management Strategy for the Island.

Western (Sunset) Yalanji Native Title determination

1998 - Consent determination

The Western Yalanji People's Native Title claim was lodged in 1995 in response to a Non-claimant Native Title application by Alan and Karen Pedersen. This prompted the traditional owners to lodge an application for native title determination in response. The matter was resolved by negotiation and a consent determination.

Myra Hayes (Alice Springs, NT)

2000 - Litigated

An example of a contested determination.
The Myra Hayes native title application was lodged with the National Native Title Tribunal in August 1994 on behalf of Arrernte native title holders. The application was for a determination of native title over 166 lots of land within the municipal boundaries of Alice Springs on land that was vacant Crown land, Crown land subject to reserves and various leases, and land set aside for Government use. When the mediations failed in 1996, the application was referred to the Federal Court. The decision of the Court was that native title continues to exist in part of the area.

The Miriuwung and Gajerrong People (Kimberley Region WA)

2002 - Litigated

An example of a contested determination.

The Miriuwung and Gajerrong People lodged an application for native title determination in 1994. The application attracted a lot of interest, especially from Commonwealth, State and Northern Territory Governments and other interest holders in the area including pastoralists, agriculture and business interests and Local Government. When the mediation failed in 1995, the application was referred to the Federal Court. Following extensive hearings in the Federal Court, the matter was appealed to the Full Bench of the Federal Court and then on to the High Court. After more than 107 days of court hearings, the application has, in part been referred back to the Federal Court for resolution.

Yorta Yorta People (Vic/ NSW)

2002 - Litigated

An example of a contested determination.

The Yorta Yorta people lodged their native title determination application in 1994. It was one of the first applications under the Native Title Act 1993 (Cth). It was accepted and mediation commenced in 1994. When the mediation failed, it was referred to the Federal Court. The initial decision of the Federal Court was handed down in 1999. This was appealed to a Full Bench of the Court and the Full Bench handed down its decision in 2001. They rejected the appeals and the matter has been further appealed to the High Court. The High Court's decision is pending.