Insights
Find the latest thinking from Ashurst - in-depth insights, new research, and original ideas from our experts across the firm.
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29 Results
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Native Title Alert
25 Nov 2022 Federal Government releases response to Way Forward Report
Federal Government response to A Way Forward: Final Report of the Joint Standing Committee on Northern Australia Inquiry into the destruction of the Juukan…
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cop27 insights
31 Oct 2022 COP27 Predictions - what to expect
The private sector played a key role at COP26 compared with previous COPs. One year on since COP26, our key experts reflect on how far the private sector has…
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Native Title Year in Review 2021-2022
11 Jul 2022 Show me the numbers: Mining companies lose good faith challenges for failing to provide financial information during the RTN process
Good faith challenges in the right to negotiate process in the Native Title Act
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Native Title Year in Review 2021-2022
11 Jul 2022 Costs Update: it doesn't matter who you are, unreasonable conduct risks a cost order
Costs Update: Court entertains costs applications against the State, a PBC, a Local Council and a claim group's solicitors in 2021 Section 85A Native Title…
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Native Title Year in Review 2021-2022
11 Jul 2022 Now we know: Full Court ends discussion on NSW statutory lease classes – no extinguishment
Attorney General of New South Wales v Ohlsen on behalf of the Ngemba/Ngiyampaa People [2022] FCAFC 38 Extinguishment of native title
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Native Title Year in Review 2021-2022
11 Jul 2022 Mining Leases for infrastructure get a judicial workout
Harvey v Minister for Primary Industry and Resources [2022] FCAFC 66 Full Court considers Section 24MD(6B) of the Native Title Act while Parliament extends…
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Native Title Year in Review 2021-2022
11 Jul 2022 Native title compensation: Not much to see but plenty happening below the surface
Native title compensation developments over the last 12 months
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Native Title Year in Review 2021-2022
11 Jul 2022 Proving connection becomes harder in 2021
Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5) [2021] FCA 1639 Blackburn v Wagonga Local Aboriginal Land Council [2021]…
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Native Title Year in Review 2021-2022
11 Jul 2022 Other matters to watch out for in 2022-2023
Our Native Title Year in Review 2021-2022 articles cover the major legislative, judicial and policy developments over the last 12 months. The reform agenda in…
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Native Title Year in Review 2021-2022
11 Jul 2022 Modernisation of cultural heritage protection legislation begins
A Way Forward: Final Report of the Joint Standing Committee on Northern Australia Inquiry into the destruction of the Juukan Gorge
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SUSTAINABILITY
01 Nov 2021 Net zero: actioning the ambition
ESG and its importance to Ashurst and our clients. Watch our COP 26 videos online
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SUSTAINABILITY INSIGHT
19 Aug 2021 Business as usual is over. Get ready for transformational change.
Ashurst insight into what you need to know about the IPCC's latest climate report and how to respond
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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 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 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 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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