Insights
Find the latest thinking from Ashurst - in-depth insights, new research, and original ideas from our specialists across the firm.
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46 Results
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Native Title Year in Review 2020
01 Apr 2021 The trend continues: More protection applications made under the Commonwealth heritage protection legislation
The trend continues: More protection applications made under the Commonwealth heritage protection legislation in 2020 and 2021 Aboriginal and Torres Strait…
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Native Title Year in Review 2020
01 Apr 2021 Taungurung Traditional Owners Settlement Agreement teetering: Federal Court orders removal of underpinning ILUA from the ILUA Register
Taungurung Traditional Owners Settlement Agreement Removal of ILUA Gardiner v Taungurung Land and Waters Council [2021] FCA 80 Gardiner v Taungurung Land and…
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Native Title Year in Review 2020
01 Apr 2021 Changes abound for the governance of Indigenous corporations
Key developments arising from the enactment of the Native Title Legislation Amendment Act 2021 (Cth) and the NIAA's final report in its review of the…
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Native Title Year in Review 2020
01 Apr 2021 Delegation of the ILUA certification function: the end of the uncertainty
In October 2020, the High Court held that the ILUA certification function in the Native Title Act could be delegated by the Northern Land Council as a…
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Native Title Year in Review 2020
01 Apr 2021 The long shadow of heritage destruction: Fundamental reset of Aboriginal cultural heritage protection in Australia
Senate Committee's Interim Report flags a fundamental reset in Aboriginal cultural heritage protection in Australia Never Again: Inquiry into the destruction…
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Native Title Year in Review 2020
01 Apr 2021 Free, prior and informed consent
Joint Standing Committee on Northern Australia in Never Again: Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region…
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Native Title Year in Review 2020
01 Apr 2021 Treaty update: Progress in State based Treaty negotiations and proposals for a national Indigenous Voice
There has been progress over the last 12 months at the Federal level on developing an "Indigenous Voice" to provide advice to the Australian Parliament. The…
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Native Title Year in Review 2020
01 Apr 2021 Procedural issues lead to strike out of compensation claims
Procedural issues lead to strike out of compensation claims Saunders on behalf of the Bigambul People v Queensland (No 2) [2021] FCA 190 Wharton on behalf of…
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Native Title Year in Review 2020
01 Apr 2021 High Court dismisses FMG's special leave application in Yindjibarndi proceedings - exclusive native title over Solomon Hub re-affirmed
Fortescue Metals Group Ltd v Warrie [2020] HCATrans 65 High Court dismisses FMG's special leave application Yindjibarndi native title proceedings -…
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Native Title Year in Review 2020
01 Apr 2021 Native title compensation update: no claims tsunami but the tide has turned
Update on native title compensation claims around Australia
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native title year in review 2020
01 Apr 2021 You can't just rely on an earlier agreement: the good faith standard in the right to negotiate process requires more
What you need to know In November 2020, the National Native Title Tribunal was required to consider two "negotiation in good faith" challenges by native…
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NATIVE TITLE YEAR IN REVIEW 2020
01 Apr 2021 The role of the State in native title claims litigation: balancing competing community interests and acting as a model litigant
Malone on behalf of the Western Kangoulu People v State of Queensland [2020] FCA 1188
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Native Title Year in Review 2020
01 Apr 2021 Native Title Act reforms finally enacted
Parliament has finally enacted the long awaited reforms to the Native Title Act 1993 (Cth), with the Senate passing the Native Title Legislation Amendment…
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Native Title Year in Review 2020
01 Apr 2021 Costs Update: Courts call out unreasonable conduct with costs orders
Costs Update: Courts call out unreasonable conduct with costs orders in native title proceedings Section 85A Native Title Act
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Native Title Year in Review 2020
31 Mar 2021 Extinguishment principles: Federal Court zeros in on general law validity and confirms that 'major' earthworks need to have real impact
Nyamal Palyku Proceeding (No 2) [2020] FCA 788 Wilson v State of South Australia (No.4) [2020] FCA 1805
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Native Title Year in Review 2020
31 Mar 2021 Foreword & Fast Facts
Welcome to Ashurst's annual review of native title legal developments. We are thrilled to publish our Native Title Year in Review– now in its sixth year. …
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native title year in review 2019
28 Apr 2020 Principles governing extinguishment - There is still more to learn
Section 47B Native Title Act 1993 (Cth) Roberts on behalf of the Widjabul Wia-Bal v Attorney General for NSW [2019] FCA 1158) Evidence needed to prove…
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Native Title Year in Review 2019
28 Apr 2020 Costs update – Court extends costs order to solicitor propounding hopeless last minute application
Adverse costs order made against member of native title claim group and solicitor Coulthard v State of South Australia [2020] FCA 76 Section 85A Native Title…
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Native Title Year in Review 2019
28 Apr 2020 Sand fight resolved: High Court confirms public access to beaches where native title exists
What you need to know The High Court unanimously held that, where existing public access to and enjoyment of certain public lands (such as waterways,…
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NATIVE TITLE YEAR IN REVIEW 2019
28 Apr 2020 Slow and steady: Native title legislation reform moves forward
Progress slow on Native Title Act reform Native Title Legislation Amendment Bill 2019 (Cth) Corporations (Aboriginal and Torres Strait Islander) Act 2006…
