Research Assigment

Question 1

Facts and Issues of the Case Studied

Answer 1

• The Wik people v the State of Queensland revolves around the Wik people who claimed before the court that their native title was not extinguished by the granting of various leases over the land.
• The Wik people claimed to be the native title holders of over two areas of land. The Wik peoples lodged their claim on 30 June 1993 .
• The Wik Decision marked one of the greatest catalyst for change in land and planning law in Australia’s history. It created the potential of being able to change land management in Australia.

Question 2

What Laws Applied to this Case?

Answer 2

• The High Court ruled that ‘pastoral leases’ were not “leases” according to the common law.
• The Court confirmed that there were inconsistencies that arose between the rights and interests granted under a native title rights.
• The extent of rights conferred by any given statutory grant could now become a core issue in native title cases.

Question 3

What was the Outcome of this Case

Answer 3

The High Court concluded that;
-The rights and obligations of the pastoralist depend on the terms of the lease and the law under which it was granted.

• The mere grant of a pastoral lease does not necessarily extinguish any remaining native title right.
• If there is any inconsistency between the rights of the native title holders and the rights of the pastoralist, the rights of the native title holders must yield.

Question 4

What Impact on Individuals Rights Did this Case Have?

Answer 4

• The impact that this case had on the rights of individuals was that native title owners were given a broad base of respect, recognition and acceptance.
• As native title is a now common law, recognition is now not necessary for it to attract the protection of the Native Title Act.

Question 5

Where there any Conflicting attitudes in relation to the issues raised in this case?

Answer 5

• The decision provoked a debate in Australian politics and led to intense discussions on the availability of land holdings in Australia.
• Some political leaders criticised the court for being out of touch and for introducing uncertainty into Australian life.
• The Howard Government formulated a 10 point plan to bring certainty to land ownership in Australia. This plan led to the longest debate in the Australian Senate’s history