Decisions of Interest

High Court of Australia — Constitutional cases

In this landmark decision, the High Court (Bell, Nettle, Gordon and Edelman JJ in separate judgments; Kiefel CJ, Gageler and Keane JJ dissenting in separate judgments) held that Aboriginal Australians (understood according to the tripartite test in Mabo [No 2] v The Queen (1992) 175 CLR 1 at 70) are not within the reach of the “aliens” power conferred by s 51(xix) of the Constitution.

Federal Court of Australia — Native Title National Practice Area
Applications relating to native title claims concerning the rights and interests of Aboriginal and Torres Strait Islander peoples to land and waters according to their traditional laws and customs.

Aboriginal Legal Service — Australian Courts Considering Aboriginality Case Summaries
A database of decisions in criminal law from the superior courts of each Australian jurisdiction which have considered Aboriginality.

NSW Court of Appeal — adoption cases

The Court of Appeal held that an “Aboriginal child” for the purposes of the Adoption Act 2000 means a child descended from the people who lived in Australia before British colonisation. The court disapproved the decision Fischer v Thompson (Anonymised) [2019] NSWSC 773.

Supreme Court of NSW Equity Decision — Probate cases

See the Equality before the law Bench Book at [2.3] for a discussion of the following cases: