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Archive for the ‘Native title’ Category

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…

Federal Court awards compensation of $3.3 million for loss of native title in historic decision

By Castledine Gregory • September 1st, 2016

On 24 August 2016 the Federal Court of Australia handed down the first ever judicial assessment of native title compensation in Australia, in Griffiths v Northern Territory (No 3) [2016] FCA 900 (Timber Creek). In the landmark decision, the Court ordered the Northern Territory to pay over $3.3 million to the Ngaliwurru and Nungali Peoples,more…

High Court confirms co-existence of native title rights in WA v Brown

By Castledine Gregory • April 28th, 2014

In Western Australia v Brown [2014] HCA 8,  the High Court unanimously held that the grant of mineral leases under a State agreement did not extinguish a native title party’s rights and interests in those areas because they were not wholly inconsistent with the exercise of those rights and interests.   The mineral leases were grantedmore…