The legal history and the precedents -- The history of the action -- The decision -- Terra Nullis and a "settled" territory -- Sovereignty -- Application to mainland Australia -- A concept of Native Title at Common Law and its rationale -- The nature of Native Title at Common Law -- Proof -- Extinguishment -- Fiduciary duty -- Implications for property holdings and resource development -- Conclusion
Summary
Commentary outlines legal history and precedents, history of the native title claim, the decision; discusses concepts of terra nullius, settled territory, sovereignty , native title at common law; considers application to mainland Australia; discusses proof, extinguishment, fiduciary duty; considers implications for property holdings and resource development; full text of decision annotated at record no. 0009353