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As seen in: Law Society Journal Australia
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Articles

Native title: older and deeper than the Constitution

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By Tony Denholder, William Simons, William Simons -
| Law Society Journal Australia
A A A By and - Apr 11, 2025 8:40 am AEST Snapshot Commonwealth v Yunupingu has reshaped native title law and will be cited as a landmark precedent in the years to come. The case revolved around the extent of the territories power in sections 122 and 51(xxxi) of the Constitution, and the nature of native title as a distinct form of property rights. This article unpacks the context and reasoning of this watershed decision, and looks forward to what may come next.
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