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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…

Reid v WAPC: when does a condition of approval fairly and reasonably relate to the development?

By Castledine Gregory • December 21st, 2016

The recent decision of the WA Supreme Court of Appeal in Reid v Western Australian Planning Commission [2016] WASCA 181 discusses the law surrounding one of the requirements for a valid condition of a development or subdivision approval – namely, that the condition must fairly and reasonably relate to the proposed development or subdivision.  more…

Tread Cautiously – The Precautionary Principle in Planning Decisions

By Castledine Gregory • October 19th, 2016

Introduction   A recent decision of the Supreme Court of WA sheds some light on the role of the precautionary principle in planning decisions. The decision is Wattleup Road Development Co Pty Ltd v State Administrative Tribunal [No 2] [2016] WASC 279.   Background   Wattleup and another party (‘Wattleup’) sought approval under the Planningmore…

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…