In 1996, the High Court applied the incompatibility condition in the case of Wilson v Minister for Aboriginal and Torres Strait Islander Affairs, which concerned the appointment of Justice Jane Mathews of the Federal Court to prepare an Indigenous heritage report in relation to the Hindmarsh Island bridge development.
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In addition, he enunciated the view that the "secret women's business" of the Ngarrindjeri women during the Hindmarsh Island bridge controversy was a fabrication, and came to the defence of the murdered Dutch politician Pim Fortuyn who called on Muslim immigrants to assimilate into Dutch society and culture.