Jurisdiction
Commonwealth
Forum
High Court
Legislation considered
Racial Discrimination Act 1975 (Cth)
s 109 Constitution
Issues (legal)
Extinguishment
Summary
Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ
This decision involved Western Australia challenging the Native Title Act 1993 (Cth). The Wororra peoples relied on the Racial Discrimination Act 1975 (Cth) and s 109 of the Constitution to challenge the extinguishment of native title under the Land (Titles and Traditional Usage) Act 1993 (WA). The Court held that the West Australian legislation was invalid because it was inconsistent with the Racial Discrimination Act and The Native Title Act.