The wik decision summary. Twenty years after the High Court's Wik decision, how does the 'judicial activism' charge stand up? 2019-01-07

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Wik Peoples v Queensland

the wik decision summary

He notes that in 1870 the Supreme Court of Queensland held that pastoral leases did confer a right of exclusive possession which reflected a common belief at that time that leases did extinguish native title. In Marbury, Marshall could have avoided the constitutional questions through different legal rulings: for example, if he had ruled that Marbury did not have a right to his commission until it was delivered, or if he had ruled that refusals to honor political appointments could only be remedied through the political process and not the judicial process, the Court would not have reached the case's constitutional issues. It was introduced into the Commonwealth Parliament on 4 September 1997. They have also argued that criticism of the former High Court judge presiding over the trade unions royal commission, Dyson Heydon, fails to appreciate his as an anti-activist. Native title is extinguished through freehold or land leases, but native title continues to exist on Aboriginal reserves, vacant Crown land, stock routes and national parks, but only if the local system of traditional law recognises present owners or managers. The first lease was granted for pastoral purposes. It is a potentially unjust charge to make if no working definition of activism is disclosed at the outset.

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Twenty years after the High Court's Wik decision, how does the 'judicial activism' charge stand up?

the wik decision summary

The truth was native title'. This was the first test of native title across a large area of mainland Australia and the Court considered whether native title was extinguished by the granting of a pastoral lease. The new lessee also did not take up possession. The group comprises the peoples of Wik-Ompom, Wik-Mungkana, Wik-Paacha, Wik-Thinta, Wik-Ngathara, Wik-Epa, Wik-Me'anha, Wik-Nganthara, Wik-Nganychara, and Wik-Liyanh. It was this dramatic result, which contributed towards the establishment of the Native Title. But what is it, and why was it so important? This section says that the Supreme Court only has original jurisdiction over cases where a U. These meetings aim to resolve issues and reach agreements that respect everyone's rights and interests.


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Wik vs Queensland (2018)

the wik decision summary

These myths and fears were of course unjustified by the legislation that was being drawn up. My aim has always been to strike a fair balance between respect for native title and security for pastoralists, farmers and miners. Contrary to claims by its opponents. An engraving of Chief Justice made by in 1808. Native title and the right to compensation Non-Aboriginal Australians have had the right to compensation for the acquisition of their land by the crown Such compensation has always been denied to Aborigines, Under the Mabo judgment , no Aborigines will be entitled to compensation for any land acquisitions by the crown before 1975, and only some Aboriginal native title holders may be entitled to compensation for such acquisitions of some of their lands since 1975, the year the Racial Discrimination Act was passed by the Commonwealth Parliament. This potential conflict of interest raises strong grounds for Marshall to have recused himself from the case. In my opinion they are some of the most important decisions decided under the Australian common law system.

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John Howard’s Amended Wik 10

the wik decision summary

In 1975 part of the Aboriginal Reserve created in 1957 had been excised by the for a bauxite mining lease. External links has original text related to this article:. The case ultimately originated from the political and ideological rivalry between outgoing and incoming President. In late 1801, after Madison had repeatedly refused to deliver his commission, Marbury filed a lawsuit in the Supreme Court asking the Court to issue a forcing Madison to deliver his commission. The first lease was forfeited for non-payment of rent in 1918. Madison also created a difficult political dilemma for Marshall and the rest of the Supreme Court. Those rights depended on the local laws and customs.

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Wik Peoples v Queensland

the wik decision summary

However, the Queensland Government frustrated the decision by declaring the land a national park. Marshall then gave several other reasons in favor of judicial review. Archived from on 8 October 1999. The 15 months between the Mabo decision and the Act being passed was also a time of negotiation between the Commonwealth government and the Indigenous community. From the very beginning, I said it was simply not possible for the state of the law immediately post-Wik to be maintained.


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Mabo

the wik decision summary

The restoration of land to Aboriginal ownership will have a positive effect on the Australian economy. It was eventually passed two years later on 8 July 1998 by the Senate after the longest debate in the history of the Senate. On 29 January 1996 Drummond gave judgment on the five preliminary questions that had been identified. It cannot therefore be necessary to constitute the appointment, which must precede it and which is the mere act of the President. It was eventually passed two years later on 8 July 1998 by the Senate after the longest debate in the history of the Senate. The court focused on the purpose for which the leases were granted at that time in light of the social and economic conditions of the times.

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Mabo

the wik decision summary

However it is commonly accepted to include rights to perform ceremony, or to gather foods or medicines. The specific issue, however, was whether the courts—part of the judicial branch of the government—could give Marbury a remedy against Madison—who as Secretary of State was part of the executive branch of the government. The old scare stories of suburban backyards being claimed as sacred sites re-emerged. City of Perth In September 2006 the High Court granted native title over more than 6,000 km² of Perth city and surrounds. Hundreds of millions of dollars were spent cleaning up the land, and the first area was handed back in 1984, followed by two more in the 1990s. According to the Australian Government: The Native Title Act 1993 establishes a framework for the protection and recognition of native title.

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Wik Peoples v Queensland

the wik decision summary

This change, which makes no difference to the substance of the plan, confirms that a pastoral lease conferring exclusive possession would extinguish native title. Since 1922 the land had been reserved for the benefit of Aboriginals. This brought Marshall to the most important issue of the opinion: the propriety of the Supreme Court's jurisdiction over the matter, which would determine whether or not the Court had the power to issue the writ Marbury requested. The relevant intention to extinguish all native title rights which subsisted when the grants were made was not present. Because of this, an Indigenous Land Corporation was established to buy and set aside land for Indigenous use. This, Marshall wrote, meant that the Founders were willing to have the American judiciary use and interpret the Constitution when judging cases.

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onebridge.io

the wik decision summary

Speech given to the Sydney Institute, 10 Mar 1997. Further, most successful claims so far have covered unwanted land, land that is extremely remote, small in size, has poor communications infrastructure, a lack of commercial land value, or poor soils. Supreme Court; order to show cause why writ of mandamus should not issue, December 1801 Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. The objections to and the propaganda against Mabo ruling by the mining industry is not new. The Court's judgment On the 3rd of June, 1992, after a decade of litigation, the High Court ruled that the land title of the Indigenous Peoples, the Aborigines and Torres Strait Islanders, is recognised at common law. In the 1970s, the then Aboriginal Development Commission attempted to purchase part of a pastoral lease.

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Mabo Decision, Native Title Act, And The Wik Decision

the wik decision summary

He notes that in 1870 the Supreme Court of Queensland held that pastoral leases did confer a right of exclusive possession which reflected a common belief at that time that leases did extinguish native title. Stan Pelczynski for Action for Aboriginal Rights - 27th July 1993. Stop feeling bad about not knowing. The Bill would give certainty to developers but more regulation and insecurity to Aboriginal people. This lease was surrendered in 1973. Senate Commission on Art, Office of Senate Curator, , S. Again borrowing from Federalist No.

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