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The film · 52 s · silent Every claim, with its authority.

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AI makes up cases.

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CaseWise reads your footnotes in turn, names the AGLC4 rule behind each correction, and rewrites the citation for you to accept or dismiss.

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← ReferencingAccept allApply & export
Referencing reviewj / k next · a accept · d dismiss · u undoExit review
AGLC4 · CHECK · 16 CITATIONS · 3 VERIFIED · 5 CORRECTED IN THE RUN · 0 ACCEPTED THIS SESSION1 ACCEPTED THIS SESSION2 ACCEPTED THIS SESSION
2468101214161820
Page 3 of 7Native title · assessment 2
…provided the connection with the land has been maintained, and the interest has not been extinguished by an inconsistent grant. Native title was recognised at common law in Mabo v Queensland [No 2].1 The earlier claim in Milirrpum v Nabalco Pty Ltd failed on the authorities as they then stood.2 The question is therefore not whether the doctrine exists, but whether the connection relied on has survived the grants made since. Restraints on alienation carry both public and private dimensions, and the distinction matters to the remedy sought.3
1.Mabo v Queensland (No 2) (1992) 175 CLR 1.Mabo v Queensland [No 2] (1992) 175 CLR 1.
2.Milirrpum v Nabalco Pty Ltd and Ors (1971) 17 FLR 141, at 273.Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141, 273.
3.Scott Grattan, 'Revisiting Restraints on Alienation: Public and Private Dimensions' (2015) 41(3) Monash University Law Review 67, 84.
Checking 16 citations against AustLII2 suggestions on this page
Fix · Footnote 1 · AGLC4 r 2.1.13 Mabo v Queensland (No 2) (1992) 175 CLR 1. Mabo v Queensland [No 2] (1992) 175 CLR 1. A numbered proceeding takes square brackets (AGLC4 rule 2.1.13): "[No 2]", not "(No 2)". AcceptDismiss
Footnote 1 accepted · r 2.1.13
Fix · Footnote 2 · AGLC4 rr 2.1.1, 1.1.6 Milirrpum v Nabalco Pty Ltd and Ors (1971) 17 FLR 141, at 273. Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141, 273. Cite the first party only, and a pinpoint takes no "at" (AGLC4 rules 2.1.1, 1.1.6). AcceptDismiss
Footnote 2 accepted · rr 2.1.1, 1.1.6

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Chat New chat + Gathering sources… Sources · 4 cited · 7 consulted
You ask a legal question
Reading the sources it retrieved4s What CaseWise checked
3 of 5
The position rests on two things: the recognition at common law(1992) 175 CLR 1 and the statutory test that applies to the facts you have given.s 9(1) The earlier authority reached the opposite conclusion(1971) 17 FLR 141 and should be read as history rather than as current law. On the second question the commentary is divided, and the article setting out both dimensions is the one to read first.41(3) MULR 67 Where the point turns on a pinpoint rather than a holding, open the passage before relying on it.
Ask a question, research an issue, or describe a document to draft You ask a legal question Ask a follow-up, or start a new chat
Attach Jurisdiction Auto Usage
CaseWise helps you work with the law. Verify authorities before relying on them.
CaseCTHVerified Mabo v Queensland [No 2] (1992) 175 CLR 1 High Court of Australia · austlii.edu.auOpen in Research

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Shared topics · Property law group8 seats 24 verified sources
Topic Team Due Src Status
Native title - connection Property law seminar ANRO 24 Aug 6 In review
Sources · Sullivan v Moody (2001) 207 CLR 562 · Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 Last citation check 2 days ago · 0 unverified accepted
Crown leases - reading note Land law tutorial RO 2 Sep 9 Drafting
Occupier's liability - case note Torts tutorial MP 5 Sep 4 In review
Sources · Civil Liability Act 2003 (Qld) s 9(1) · Practice Note SC Gen 23 (NSW) Checked in the last run · 1 correction accepted
Restraints on alienation - note Internal research AN 12 Sep 3 Drafting
Wik - follow-up reading Native title seminar MPRO 19 Sep 5 Complete
Every topic cites the same verified sources 0 unverified accepted

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