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Gerard Brennan, former High Court Chief Justice who wrote lead judgement on Mabo decision, dies age 94

Attorney-General Mark Dreyfus described Gerard Brennan as "one of Australia's greatest legal minds". (AAP: High Court of Australia)

Former High Court Chief Justice Sir Gerard Brennan has died at the age of 94.

Sir Gerard played a significant role in shaping Australia's legal system, including writing the lead judgement on the Mabo decision, which recognised the rights of Aboriginal and Torres Strait Islanders to the ownership of their lands.

The Mabo decision also gave rise to the Native Title Act, which was introduced in 1993, to provide a framework to recognise the rights of Aboriginal and Torres Strait Islanders.

Friday is Mabo Day and the 30th anniversary of that decision.

But, in the following years, Sir Gerard dissented on the next key decision that shaped the way native title was applied with the Wik decision.

The Wik decision made clear pastoral leases did not extinguish native title, and that the two could co-exist, although if there was a conflict, the native title rights would have to yield.

'Unwavering reputation for decency and thoughtfulness'

Sir Gerard served on the High Court for 17 years — as a Justice for 14 years, and as the 10th Chief Justice of the court for three years.

Sir Gerard was appointed a Queen's Counsel — a senior barrister or solicitor — in 1965 and was then recognised as a QC in New South Wales, the Northern Territory, Papua New Guinea and Fiji.

He also served as the inaugural president of the Administrative Appeals Tribunal and as chairman of the Administrative Review Council.

In a statement, Attorney-General Mark Dreyfus described him as "one of Australia's greatest legal minds".

Law Council of Australia president Tass Liveris added that despite Sir Gerard's "formidable abilities", "his unwavering reputation for decency and thoughtfulness provide a shining model to follow".

"Sir Gerard made a remarkable contribution to the law and jurisprudence and his legacy will echo long into the future," he said.

Governor-General David Hurley said he was "deeply saddened" to hear of Sir Gerard's passing.

"Sir Gerard was a remarkable Australian … [who] created a profound legacy and helped shape contemporary Australia," he said.

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