Western Australia v Ward on Behalf of Miriuwung Gajerrong, High Court of Australia, 8 August 2002: Summary of Judgement

Western Australia v Ward on Behalf of Miriuwung Gajerrong, High Court of Australia, 8 August 2002: Summary of Judgement Report

AIATSIS Issues Paper

• Author(s): Lisa Strelein
• Published: 2002
• Publisher: Australian Institute of Aboriginal and Torres Strait Islander Studies; Native Title Research Unit
• Volume: Land, Rights, Laws: Issues of Native Title

Link to resource Report broken link

Abstract: On 8 August 2002, the High Court handed down its decision on Western Australia v Ward & Ors, relating to the native title claim by the Miriuwung – Gajerrong peoples. The decision was anticipated as one which would answer critical questions about the nature and content of native title. The majority was constituted by Gleeson CJ, Gaudron, Gummow and Hayne JJ, who prepared a joint judgement, with Kirby J agreeing with the majority subject to some minor qualifications. McHugh and Callinan JJ dissented and provided separate judgements. This paper provides a brief summary of the findings in the decision. As it is an immediate response to the decision, the conclusions may be subject to further qualification. A version of this paper has also been prepared for the ATSIC Native Title and Land Rights Centre.

• Urls: https://aiatsis.gov.au/publications/products/western-australia-v-ward-behalf-miriuwung-gajerrong-high-court-australia-8-august-2002-summary-judgement, https://aiatsis.gov.au/sites/default/files/products/issues_paper/strelein-ntip-v2n17-western-australia-v-ward-miriuwung-gajerrong-judgement.pdf
• Publisher Location: Canberra
• Keywords: Aboriginal