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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117 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...
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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 Corporations...
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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 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....
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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...
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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...
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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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REAL ESTATE FINANCE INSIGHT
16 FEB 2021 "Bad Boy"/Bad Acts Guarantees in Real Estate Finance
Real estate finance in the UK and European markets is almost exclusively conducted on a non-recourse basis. In most cases, lenders make their loans available...
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infraread issue 15
03 FEB 2021 Port Liability Regimes - Introductory Outline
In Article 3 new, it was stated that this Article (being the fourth in the Ports and World Trade series of articles) would consider Port Liability Regimes,...
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construction insight
21 JAN 2021 Brexit: Top Ten Issues for the Construction Sector
The UK officially left the EU at 11:00 pm on 31 January 2020. On 24 December 2020, the EU and UK reached a Trade and Cooperation Agreement ("TCA"), which...
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planning insight
05 JAN 2021 Planning ahead - what does 2021 have in store?
Many of us were happy to wave goodbye to 2020 and start planning for the new year ahead, but what lies in store for us this year?
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real estate insight
22 DEC 2020 Real Estate talking points for 2021
Introduction There is no doubt that 2020 has been a year that no-one will forget. As CBRE highlight in their Market Outlook for 2021 hardly any area of...
