The Wik Case
Issues and Implications
By: Graham Hiley
Contains the text of the judgment with commentary from various perspectives. The commentary considers the impact of the judgment on the various stakeholders and seeks to analyse the implications for each, and for Australian land law in particular.
AI Overview
"The Wik Case: Issues and Implications" is a book edited by Graham Hiley, published in 1997. The book is a comprehensive collection of essays and the full text of the High Court judgment in the case of Wik Peoples v State of Queensland ((1996) 141 ALR 129, now reported in (1996) 187 CLR 1). Here is a detailed overview of the book:
Key Themes
Native Title and Pastoral Leases: The book explores the central issue of whether pastoral leases extinguish native title. The contributors delve into the complexities of co-existence between native title and pastoral leases, highlighting the implications of the High Court's decision.
Legal History and Litigation: The book provides a detailed account of the protracted litigation history of the Wik peoples' claim. It outlines the involvement of various Aboriginal groups, governments, pastoralists, and miners in the case.
Misconceptions and Implications: The book aims to correct misconceptions surrounding the Wik decision, providing a clear understanding of the essence of the decision and its legal implications.
Plot Summary
The book is structured around the High Court judgment and a collection of essays written by lawyers and others who advised or acted for various parties in the case. The essays cover different aspects of the decision, including:
Exclusive Possession and Native Title: Phillip Hunter's essay, "Unnecessary Extinguishment," focuses on the issues of exclusive possession, inconsistency of native title, and other rights, as well as the nature of Crown interests in the land.
Government and Pastoralist Perspectives: Other contributors provide insights into what the decision means for pastoralists, miners, and government. Mark Love's essay, "The Farmgate Effect," is particularly notable for its description of the assumptions on which pastoralists operate.
Critical Reception
The book has received positive reviews for its comprehensive coverage and correction of misconceptions about the Wik decision. Here are some key points from the critical reception:
Impressive Collection: The book is described as an impressive collection that corrects a number of misconceptions about the Wik decision and its implications.
Technical Language: While the essays are written by lawyers and may use technical language, they do a good job of pointing out what can be expected to be debated in the near future.
Relevance and Future Debates: The essays are seen as valuable for outlining the points of law on which the judgment turned and for describing the implications of the decision for various stakeholders.
Overall, "The Wik Case: Issues and Implications" is a significant publication that provides a detailed and nuanced understanding of a landmark legal case in Australian history. Its comprehensive coverage and insightful essays make it a valuable resource for scholars and practitioners interested in indigenous law and native title issues.