What is the Wik Case?

The Wik decision overturned terra nullius and set out several new legal propositions with respect to native title: The Mabo judgment had left open the question of the co-existence of native title and freehold title. Native title co-exists with other forms of rights and interests in land recognised by the common law in accordance with the common law principles of extinguishment and compatibility. As an incident of native title and by tradition and custom indigenous groups enjoy exclusive native title rights to hunt and fish resources. Native title rights continue until they are either validly extinguished or become inoperable due to inconsistency with rights recognised by way of legislation or common law in Australia. If rights and privileges incompatible with the continuation of native title in an area that had been extinguished due to inconsistency with the incidents of freehold title that arose on registration of the freehold grants.