23Wik Peoples v State Of Queensland and Others, Judgement of Toohey J, 141 ALR 129 at 166, 1997. The Wik Decision and After Page 9. Court seeking removal of both matters to the High Court, and an order to that effect was made on 15 April 1996.24. The High Court hearings began on 11 June 1996.. Wik Peoples v Queensland. Wik Peoples v Queensland. High Court of Australia. Unreported. Brennan CJ, Dawson, Toohey, Gaudron, McHugh, Gummow and Kirby JJ. should determine the fate of the indigenous people is a conclusion not lightly to be reached' (70).. Gummow J assumed, adversely to the Wik Peoples and the Thayorre People, that there.

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Wik Peoples v The State of Queensland is a decision of the High Court of Australia delivered on 23 December 1996, on whether statutory leases extinguish native title rights. The court found that the statutory pastoral leases under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As a result, native title rights could coexist depending on the terms.. The 1996 decision of the High Court of Australia in Wik Peoples v State of Queensland will be remembered by all as the first fruits of the Mabo decision. Wik is the first of many decisions that will challenge Australia as it attempts to come to terms with the past. The Wik case introduces the possibility that native title may indeed survive 'extinguishment' or at the very least may be subject.