The extinguishment of native title: a revolution in principle

Thursday, 18 June 2015
David Yarrow

In the seven month period between August 2013 and March 2014, the High Court of Australia delivered three important judgments about the extinguishment of native title. Each altered the prior understanding of extinguishment in significant ways. The law of extinguishment is now different in important respects from that applied in 2002 by the High Court. The paper will identify how the law of extinguishment has changed, and what that means for the convention thinking of the past.