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Archive for the ‘Native title and Aboriginal heritage’ Category

Federal Court extends good faith obligations in Native Title negotiations

By Castledine Gregory • February 5th, 2018

The Full Federal Court of Appeal majority’s (2-1) decision in Charles, on behalf of Mount Jowlaenga Polygon #2 v Sheffield Resources Limited [2017] FCAFC 218 confirms that the obligation to negotiate in good faith continues to apply to voluntary negotiations that occur after an application for arbitral determination has been made.   Part 2, Divisionmore…

Full Federal Court to decide extent of good faith negotiation obligation

By Castledine Gregory • November 15th, 2017

On 8 December 2017, the Full Federal Court will hear an appeal by the Mount Jowlaenga Polygon #2 claim group from the decision of Barker J of the Federal Court in Charles on behalf of the Mount Jowlaenga Polygon #2 v Sheffield Resources Limited [2017] FCA 1126.   In that decision, Barker J rejected themore…

Legislative action proposed to overcome ILUA validity questions

By Castledine Gregory • April 11th, 2017

In a previous update (South West Native Title Settlement – Agreements struck down), we briefly reported on the decision of the full Federal Court in McGlade v Registrar National Native Title Tribunal which declared that four of the six Indigenous Land Use Agreements (ILUA’s) comprising the South West native title settlement could not be registered. more…

South West Native Title Settlement – agreements struck down

By Castledine Gregory • February 6th, 2017

On 2 February 2017, the Full Federal Court handed down the decision in McGlade v Registrar National Native Title Tribunal [2017] FCAFC 10, declaring that four of the six Indigenous Land Use Agreements (ILUAs) comprising the South West Native Title Settlement cannot be registered. The basis for the decision is that not all of the ‘namedmore…

Affording Procedural Fairness Under The Aboriginal Heritage Act – Abraham v Collier [2016] WASC 269

By Castledine Gregory • September 2nd, 2016

Following on from the important decision in Robinson v Fielding last year, the Supreme Court of Western Australia has shed more light on the parameters around the requirement to afford procedural fairness under the Aboriginal Heritage Act (WA) 1972.   On 24 August 2016 the Court dismissed an application for judicial review to quash amore…

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