905. Common Law or Legislation? In the absence of any authoritative decision on the point by an Australian appeal court, it is far from clear whether or what customary or Aboriginal hunting and fishing fights would be recognized at common law. Even if the Australian courts do adopt the approach, which at least some Canadian courts have adopted, of recognizing an original customary title or usufructuary right, it is likely in the overwhelming majority of cases that this will have been cancelled or overridden by State, Territory or Commonwealth law or administrative action, or that no one will now be able to demonstrate historical continuity with the original beneficiaries of such rights, so as to be able to rely on them. In the great majority of cases therefore (if not all cases) it will be necessary to rely instead on Australian land-use, conservation or fisheries legislation to extend protection to Aboriginal traditional hunting and fishing practices.