Native title is a form of land title that recognises the unique ties some Aboriginal groups have to land. Australian law recognises that native title exists where Aboriginal people have maintained a traditional connection to their land and waters, since sovereignty.
The judgment of Dawson J
The majority had rejected Queensland’s argument that annexation delivered to the Crown a proprietary interest in all land. They had likewise rejected the associated argument that any pre-existing native title rights can only continue if recognised by the Crown
Please explain the indentified key factor issues in greater detail.
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