In 1997, the Howard government proposed a “ten point plan”[3] to reform the operation of native title in Australia.

[4] The appellants claimed that the consequences of the “ten point plan” amounted to genocide as it severely restricted and disadvantaged Indigenous Australians' land ownership, livelihood and mental health.

In April 1999, the Minister for Foreign Affairs, Alexander Downer, and the Minister for the Environment, Robert Hill, formally refused to pursue the World Heritage listing of Lake Eyre,[5] instead allowing a mining company, BHP Billiton to commence mining operations.

The appellant, Kevin Buzzacott, claimed that Downer's failure to pursue World Heritage listing amounted to genocide against his people.

The “ten point plan” constituted genocide because it was a deliberate attempt to destroy the Aboriginal race.