Common Law Cases

Question 1

Mabo v Queensland (no 2) (1992)

Answer 1

• hc overturned the precedent of terra nullius, replacing it with the concept of native title
• established criteria for native title, resulted in the Native Title Act (1993)
• uncertainty in mining and pastoral industries

Question 2

Dietrich vs the Queen(1992)

Answer 2

• Dietrich applied for legal aid for a criminal case and was refused, and argued in court that the seriousness of his case warranted legal aid.
• court upheld this, strengthening implied rights in the constitution

Question 3

Wik people v Queensland (1996)

Answer 3

• wik people were denied a claim to native title as a pastoral lease existed on the land. They argued the pastoral lease didn’t extinguish native title, hc ruled in their favour.
• fed gov abrogated the decision with Native Title Amendment Act (1997)

Question 4

Norrie vs NSW Registrar of Births, Deaths and Marriages (2014)

Answer 4

• NSW registrar refused to register Norrie as nb. The case ended up in the hc, which found in favour of their gender being recognised
• this began in an administrative appeals tribunal but ended up having a nationwide impact.

Question 5

Independent Commission Against Corruption vs Cuneen (2015)

Answer 5

• Margaret cuneen, who worked for nsw dpp, was charged with corrupt conduct after giving her son advice on how to avoid a breath test.
• cuneen eventually won in the hc, which applied a very narrow definition of ‘corruption’, after arguing she gave advice as a private citizen and not an employee.
• legislation was later passed in nsw to widen the definition of corruption, under the request of ICAC