Wik Peoples v State of Queensland: Extinguishment of Native Title

Abstract

The 1996 decision of the High Court of Australia in Wik Peoples v State of Queensland  will be remembered by all as the first fruits of the Mabo  decision.  Wik is the first of many decisions that will challenge Australia as it attempts to come to terms with the past.  The Wik case introduces the possibility that native title may indeed survive 'extinguishment' or at the very least may be subject to mere 'impairment' when conflict arises.  This is a consequence of the re-conceptualisation of property rights that the practical outcome of the case necessitates.  This article explains the move from 'co-existence' of rights to 'impairment' of native title to the possibility of the revival of native title.