In a landmark judgement the High Court has answered important questions of native title compensation law in favour of the Gumatj people, rejecting the Commonwealth’s arguments and paving the way for compensation to be claimed for various acts done by the Commonwealth government between 1939 and 1969.
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The Australian Law Reform Commission (ALRC) is conducting a review of the future acts regime in the Native Title Act 1993 (Cth). As part of the review, the ALRC released an Issues Paper and invited submissions in response.
Continue readingNative title is inherently complex. It is usual for native title meetings to become increasingly tricky before or during important decision making, when attendees will be under stress.
Continue readingSection 60AB is a helpful provision of the Native Title Act 1993 (Cth) which entitles RNTBCs to charge a fee for the costs that are incurred when performing certain future act functions.
Continue readingNative Title Representative Body/Service Provider (NTRB/SP) lawyers and management face significant challenges which are unique to this sector. This includes the identification and management of conflicts of duty.
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Native title law and policy in 2024 has seen the introduction of new legislation and significant judgements. This article will explore the status of a First Nations Voice in each state and territory following last year’s unsuccessful Voice to Parliament referendum. Key cases will be summarised and the introduction of new legislation and updates to native title regulations will be discussed.
The article is available here.
n its opinion on 10 July 2023, the United Nations Human Rights Committee (UNHRC) found that Australia had violated the rights of the Wunna Nyiyaparli people under the International Covenant on Civil and Political Rights (ICCPR).
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Our heartfelt congratulations to our clients, the Mitakoodi and Mayi native title holders, following their native title determination earlier today in Cloncurry before Perry J with several hundred guests in an idyllic sun-filled bush hearing.
Continue readingThe decision of Munkara v Santos NA Barossa Pty Ltd. (No.3) sets clearer standards on the evidentiary burden to establish risks to tangible and intangible cultural heritage posed by a project.
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Under the Native Title Act 1993 (Cth), native title can only be recognised over lands and waters where it has not previously been extinguished. However, sections 47, 47A, 47B and 47C are beneficial provisions which provide that previous extinguishment can be disregarded, in certain circumstances, over certain land tenures. These are important provisions of the Native Title Act 1993 (Cth) which can allow claim groups to achieve recognition of native title over significant areas of country.
For sections 47A and 47B to apply, a native title claim group must establish that a member of the claim group ‘occupied’ the relevant area of land at the date the native title determination application is made. ‘Occupation’ has a certain meaning in the native title law context. Our guide to occupation evidence aims to assist practitioners in understanding and taking occupation evidence, by highlighting key legal, ethical and strategic considerations.
This document is intended as a general guide only and does not constitute legal advice.
