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34 Results
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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...
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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...
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native title year in review 2019
28 APR 2020 Think twice before using the carrot of consent to determination as leverage – Full Court reminder about duty of good faith in native title mediation
Think twice before using the carrot of consent to determination as leverage – Full Court reminder about duty of good faith in native title mediation ...
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NATIVE TITLE YEAR IN REVIEW 2019
28 APR 2020 Compensation update: What next for native title compensation?
In March 2019, the High Court handed down its first ever decision relating to native title compensation, including how to put a price on intangible spiritual...
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Native Title Year in Review 2019
28 APR 2020 Confirmed: Yindjibarndi People have exclusive native title over Fortescue Metals Group's Solomon Hub
In July 2017, the Federal Court held that the Yindjibarndi People hold exclusive native title to land including FMG's Solomon Hub iron ore mines in Western...
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native title year in review 2019
28 APR 2020 What is happening in the Indigenous cultural heritage space in each State?
What is happening in the Indigenous cultural heritage space in each State?
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native title year in review 2019
28 APR 2020 Full Court resolves many uncertainties around ILUA registration and certification but the High Court to review delegation issue
Full Court resolves many uncertainties around ILUA registration and certification but there is still one issue for the High Court NLC v Quall [2019]...
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Native Title Year in Review 2019
28 APR 2020 Treaty making in Australia - Will the pieces of the puzzle come together?
In May 2017, over 250 delegates attended the First Nations National Constitutional Convention, to discuss and agree on an approach to constitutional reform...
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native title year in review 2019
28 APR 2020 Full Court resolves uncertainty about non-claimant applications
Full Court resolves uncertainty about non-claimant applications Mace v Queensland [2019] FCAFC 233 Pate v Queensland [2019] FCA 25
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NATIVE TITLE YEAR IN REVIEW 2019
28 APR 2020 Foreword and Fast Facts
Now in its fifth year, our Year In Review publication gives us all an opportunity to reflect on the previous year's native title legal developments, take...
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Native Title Year IN REVIEW 2018
10 APR 2019 Compensation update
High Court decision on native title compensation in Timber Creek. Northern Territory of Australia v Mr A Griffiths (deceased) and Lorraine Jones on behalf...
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Native Title Year in Review 2018
10 APR 2019 Further developments on governance and misappropriation of funds under native title agreements
Challenges around governance and management of funds received under native title agreements continued in 2018 with a number of developments on the legislative,...
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Native Title Year In Review 2018
10 APR 2019 Foreword and fast facts
Welcome to Ashurst's annual 2018 review of native title legal developments. Our publication looks at the native developments of the past year.
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Native Title Year in Review 2018
10 APR 2019 Prior extinguishment issue finally resolved by the High Court
The High Court overturned the Full Federal Court's decision, and held that the exclusion for "leases" in section 47B(1)(b)(i) of the Native Title Act does...
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Native Title year in review 2018
10 APR 2019 Carbon farming on native title land
The indigenous estate and carbon farming have many touch points. In the past year there have been two cases in the context of carbon farming projects...
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Native title year in review 2018
10 APR 2019 Novel issues to be decided in substantive hearing of ongoing Onslow Salt and BTAC dispute
Onslow Salt's repeated attempts to bring these proceedings to an end have not only been unsuccessful, but resulted in costs awards against it.
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Native Title Year in Review 2018
10 APR 2019 Costs Update
Applications for costs orders are becoming increasingly common in native title proceedings and judicial review proceedings relating to native title matters....
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Native title year in review 2018
10 APR 2019 Right to negotiate process: Negotiation in good faith
The right to negotiate (RTN) process in the Native Title Act 1993 (Cth) applies to "future acts" including the creation of a right to mine and certain...
