This is an NFSA Digital Learning resource. See all Digital Learning websites.
The Limits Of Native Title
More Information

Common law native title is recognised by, but is not created by, the common law. That's because it comes from the laws and customs of native title holders. However, the High Court imposed some limits on the recognition of Aboriginal law in common law native title.

It placed restrictions on the way native title land may be dealt with.

It also recognised ways in which native title may lose common law recognition through surrender, abandonment, or extinction, and because the Court found that native title can also be extinguished by the Crown, it is very vulnerable to other rights and interests.
Native title in Brisbane
Dec, 30, 1992
Brisbane, extinguishment, native title, Queensland Government
...In the hearts and minds...
Image and Text
Dodson, Michael, extinguishment, land ownership, ownership
...Surrender, abandonment and extinction...
Deane, Sir William, Federal Court of Australia, Gaudron, Justice Mary, land ownership, land rights, Mabo v Queensland No.2, native title, Yorta Yorta, Yorta Yorta Decision
...The Crown's power to extinguish...
Brennan, Justice Gerard, Common Law, crown land, dispossession, extinguishment, Mabo v Queensland No.2, sovereignty
...We have kept our laws and cultures...
Image and Text
Oct, 18, 1995
aboriginal law, cultural preservation, Dodson, Michael
Native Title's Vulnerability In Australia
extinguishment, High Court of Australia, indigenous people, land ownership, native title, political reaction, politics, Racial Discrimination Act
The '10 Point Plan'
10 point plan, backlash, Canberra, extinguishment, High Court of Australia, Howard, John, Liberal - National Party coalition, Native Title Act (1993), Wik
The Politics Of Native Title
citizenship, equality, human rights, land rights, national identity, native title, political reaction, politics
Extinguishment Of Native Title
Brennan, Chief Justice Gerard, claim, crown land, extinguishment, native title, plaintiffs, Radical Title, Supreme Court USA
Sovereignty & Indigenous Self-Government
Mabo judgement, native title, sovereignty