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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14 Results
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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
Authors: Andrew Gay, Partner and Cheyne Jansen, Senior Associate
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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?
Authors: Libby McKillop, Senior Associate; Rebecca Hughes, Senior Associate; Cheyne Jansen, Senior Associate; Joel Moss, Senior Associate; and Clare Lawrence,…
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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 on…
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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 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 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 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 not…
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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…
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NATIVE TITLE YEAR IN REVIEW 2018
10 Apr 2019 NSW gets serious about Native Title Act compliance
The Crown Land Management Act 2016 (NSW) squarely addresses Native Title Act compliance and liability for native title compensation - by pushing it away from…
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Native Title YEAR IN REVIEW 2018
10 Apr 2019 Update on Native Title Act Reform
Update on Native Title Act reform - Native Title Legislation Amendment Bill 2019 (Cth) introduced
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NAtive TITLE YEAR IN REVIEW 2018
10 Apr 2019 Authorisation and registration of ILUAs
The Federal Court considered three challenges to Indigenous Land Use Agreement( ILUA) registration in the last 12 months. The decisions provide guidance…
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NATIVE TITLE YEAR IN REVIEW 2018
10 Apr 2019 Update on authorisation of claims
Full Federal Court refuses leave to appeal on section 66B Native Title Act 1993 (Cth) issue: Boney v Attorney General of New South Wales.
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Native Title Year in review 2018
10 Apr 2019 Recognising native title: Not all traditional links amount to native title
In 2018, the Full Federal Court handed down its judgment arising from appeals from the May 2018 determinations of native title in favour of the Bindunbur and…
