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But legal experts think the chances of getting it overturned are slim.
The two told authorities they had been in a boat carrying about 15 people when it overturned.
A Council spokesman, Jamie McShane, said, "We disagree with the judge's decision and will take appropriate legal steps to have it overturned".
The Wik judgment by the High Court, named after the indigenous people of north Queensland who initiated it, overturned claims that pastoral leases automatically extinguished native title claims.
And people have admitted as much, as efforts to get it overturned begin to gain support for another ballot initiative.
David's 100-foot yacht, Rambler 100, was leading the fleet in the Fastnet Race when its keel broke and it overturned in the Celtic Sea.
It overturned short of its goal and killed a cow.
Powerboat company, Vector World said the boat was on its first test run when it overturned just after 08 20 BST.
The decision will have no immediate practical effect, because the 2001 law that it overturned was not enforced while lawsuits challenging its constitutionality winded through the courts.
"I got it overturned".
A few seconds later it overturned.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com