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Australia Leading Case estates and interestspossession and title

Western Australia v Ward

(2002) 213 CLR 1
JurisdictionAustralia
CourtHigh Court of Australia
Year2002
StatusBinding authority

Summary

Native title is extinguished by grants of inconsistent rights such as freehold; partial extinguishment occurs where granted rights are inconsistent with only some aspects of native title.

Key Principle

The HCA held that native title can be extinguished by the grant of inconsistent rights (such as freehold or certain leasehold interests); partial extinguishment occurs where the granted rights are inconsistent with some but not all aspects of native title.

Area of Law

property

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