This is an NFSA Digital Learning resource. See all Digital Learning websites.
High Court Challenge - WA vs Commonwealth
More Information

The Commonwealth Government's Native Title Act acknowledged a role for the states; it was intended as a minimum standard and as a model for the recognition of native title by the states.

This was backed by section one hundred and nine of the Australian Constitution, which gives Commonwealth law precedence over state law, where there is any inconsistency.

However, the Western Australian Government enacted legislation that opposed the Commonwealth Native Title Act, and then challenged the Federal Act's validity in the High Court.

At the same time, a number of Indigenous people challenged the validity of the Western Australian legislation.

In 1995, the two cases were heard together in the High Court, which upheld the Commonwealth legislation and struck out the Western Australian 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
Native Title & Industry
mining, native title, Native Title Act (1993), Native Title Amendment Bill, pastoral industry, pastoral lease, Wik
Learning To Live With Native Title
Cowley, Camilla, De Crispegny, Robert Champion, mining, native title, Normandy Mining, pastoralism, reconciliation
The Politics Of Native Title
citizenship, equality, human rights, land rights, national identity, native title, political reaction, politics
The Political Response
10 point plan, Australian Court Case, backlash, Court, Richard, desecration, Keating, Paul, Mabo judgement, mining, pastoral industry, political reaction, racism, WA v Commonwealth