National Native Title Tribunal: Native Title Hot Spots: Subject Index

With legal practitioners specifically in mind, Hot Spots provides summaries of the latest developments in native title case law, regulations and determinations, recent research projects and changes to administrative procedures. Hot Spots is produced every second month and is available via a complimentary subscription service.

1. Recent cases
10. Right to negotiate applications
13. Other Future Act Determinations
2. Future act applications
2. Right to negotiate applications
3. Objection to the application of the expedited procedure
4. Right to negotiate determinations
5. Tribunal practice and procedure
6. Federal court liaison report
7. Consent determination of Native Title
8. State of Western Australia releases new guidelines
Future act application
Recent cases

1. Recent cases

Access to money held in trust to defend a s.66B application. Issue 5 26 May 2003
Adjournment sought to address evidentiary problems Issue 11 09 September 2004
Admissibility of evidence Issue 14 06 April 2005
Amendment application Issue 8 12 February 2004
Amendment application opposed by overlapping claim group Issue 2 14 October 2002
Amendment of a claimant application Issue 5 26 May 2003
Amendment of a claimant application Issue 21 05 October 2006
Amendment of claimant application–appeal against dismissal Issue 22 07 December 2006
Amendment to combine claimant applications Issue 7 11 November 2003
Amendment to increase area a claimant application covers Issue 18 13 April 2006
Amendment to reduce application area late in proceedings and costs Issue 10 05 July 2004
Appeal decision—Murchison Davenport Issue 16 28 October 2005
Appeal in relation to registration of an ILUA Issue 7 11 November 2003
Application for separate question on s. 47B rejected Issue 7 11 November 2003
Application to re-open case Issue 8 12 February 2004
Application to replace applicant and to combine applications Issue 10 05 July 2004
Application to vacate on basis of lack of representation Issue 7 11 November 2003
Application to vacate trial Issue 5 26 May 2003
Application under s. 66B to replace the applicant Issue 3 18 December 2002
Applications to vacate trial and for mediation program Issue 9 30 April 2004
Area covered by claimant application—Bardi Jawi Issue 20 10 July 2006
Authorisation Issue 5 26 May 2003
Authorisation of a claimant application Issue 7 11 November 2003
Authorisation of the applicant Issue 14 06 April 2005
Authorisation—claimant application Issue 16 28 October 2005
Case management of claims in South West WA Issue 13 14 January 2005
Case management of claims in the South West of WA Issue 7 11 November 2003
Cessation of mediation sought Issue 7 11 November 2003
Change of solicitor and discontinuance Issue 1 16 August 2002
Claim group description Issue 5 26 May 2003
Communal or group claim—interim Rubibi decision Issue 16 28 October 2005
Compensation application in Jango—no determination of native title Issue 20 10 July 2006
Compensation application over Yulara – Jango case Issue 19 10 May 2006
Compulsory acquisition Issue 10 05 July 2004
Compulsory acquisition of UCL Issue 6 12 August 2003
Costs Issue 17 08 February 2006
Costs determination Issue 9 30 April 2004
Costs in native title proceedings—s. 85A Issue 20 10 July 2006
Costs of appeal proceedings in De Rose Issue 16 31 October 2005
Costs—discontinuance of claimant application Issue 21 06 October 2006
Costs—discontinuance of notice of motion Issue 21 06 October 2006
Customary Aboriginal law v common and statute law Issue 11 09 September 2004
De Rose appeal Issue 8 11 February 2004
Decision making under traditional law and custom Issue 15 28 July 2005
Determination of native title Issue 11 09 September 2004
Determination of native title — De Rose Issue 15 28 July 2005
Determination of native title — Ngaanyatjarra Lands Issue 15 28 July 2005
Determination of native title — settlement of terms Issue 11 09 September 2004
Determination of native title – Bardi Jawi Issue 17 08 February 2006
Determination of native title – Wotjobaluk People in Western Victoria Issue 17 08 February 2006
Determination of native title by consent – Western Yalanji Issue 18 13 April 2006
Determination of native title in Rubibi Issue 19 10 May 2006
Determination of native title in Ward's case Issue 8 12 February 2004
Determination of native title in non-claimant application Issue 21 05 October 2006
Determination of native title in non-claimant applications in NSW Issue 17 08 February 2006
Determination of native title varied on appeal by consent Issue 12 08 November 2004
Determination of native title—Timber Creek Issue 21 05 October 2006
Determination of native title—Blue Mud Bay Issue 16 28 October 2005
Determination of native title—five more in Torres Strait Issue 16 27 October 2005
Determination of native title—Larrakia Issue 20 10 July 2006
Determination of native title—Mandingalbay Yidinji Issue 20 10 July 2006
Determination of native title—Yankunytjatjara/Antakirinja Issue 21 05 October 2006
Determination of native title—two more in the Torres Strait Issue 19 10 May 2006
Determination of prescribed body corporate Issue 11 09 September 2004
Determinations of native title Issue 13 14 January 2005
Determinations of native title — conditional Issue 12 08 November 2004
Dismissal application—leave to appeal and extension of time Issue 14 06 April 2005
Evidence — admissibility of expert reports Issue 11 09 September 2004
Evidence — admissibility of expert reports and opinions Issue 13 14 January 2005
Evidence—exceptions to hearsay Issue 8 12 February 2004
Evidence—expert Issue 8 12 February 2004
Evidence—order sought that rules not to apply Issue 9 30 April 2004
Extinguishment and creation of a ‘legally enforceable right’ Issue 12 09 November 2004
Extinguishment in Daniel's case—further interim decision Issue 8 12 February 2004
Fishing ‘under Aboriginal tradition' – s.14 of Queensland Fisheries Act Issue 18 13 April 2006
Future act agreement—proceedings to enforce Issue 20 10 July 2006
Future act injunction proceedings Issue 2 14 October 2002
Good faith negotiations appeal Issue 5 26 May 2003
ILUA registration decision reviewed Issue 4 28 February 2003
ILUA—review of decision to register an area agreement Issue 21 05 October 2006
ILUA—application to set aside decision to register Issue 20 10 July 2006
Injunction sought to restrain representative body Issue 22 07 December 2006
Injunctive proceedings and the future act regime Issue 11 09 September 2004
Joint evidence Issue 2 14 October 2002
Jurisdiction of a tribunal — extinguishment Issue 11 09 September 2004
Leave to reopen and public works Issue 14 06 April 2005
Major disturbance—future act determination appeal Issue 16 28 October 2005
Maori customary title Issue 6 12 August 2003
Meaning of hearing 'in private' Issue 22 07 December 2006
Mediation in relation to authorisation Issue 2 14 October 2002
Mediation of a claimant application Issue 6 12 August 2003
Membership of Aboriginal corporation Issue 13 14 January 2005
Miriuwung and Gajerrong High Court appeal Issue 1 16 August 2002
New cases — Tribunal alert service Issue 20 10 July 2006
New cases – Tribunal alert service Issue 6 12 August 2003
New cases—Tribunal alert service Issue 21 05 October 2006
New cases—Tribunal alert service Issue 18 13 April 2006
New cases—Tribunal alert service Issue 16 31 October 2005
Objections to expert evidence Issue 7 11 November 2003
Oral evidence in New Zealand Issue 7 11 November 2003
Overlapping claims—splitting proceedings under s. 67 Issue 21 05 October 2006
Party Status Issue 1 16 August 2002
Party status Issue 15 28 July 2005
Party status — members of claim group and a corporation seek joinder Issue 11 09 September 2004
Party status — members of claim group seek joinder Issue 13 14 January 2005
Party status and strike out application Issue 2 14 October 2002
Party status denied to illegal occupier Issue 17 08 February 2006
Party status for body funded to perform functions of a representative body Issue 2 14 October 2002
Party status—PNG national refused Issue 21 05 October 2006
Party status—local council refused Issue 21 05 October 2006
Party status—peak fishing body denied Issue 21 05 October 2006
Party status—illegal occupier Issue 16 31 October 2005
Party status–removal as lack a relevant interest Issue 22 07 December 2006
Prescribed body corporate determination for Ngarluma people Issue 18 13 April 2006
Preservation of evidence Issue 2 14 October 2002
Programming orders and representation Issue 7 11 November 2003
Proposed determination of native title Issue 14 06 April 2005
Proposed determination of native title — Bardi Jawi Issue 15 28 July 2005
Proposed determination of native title – Rubibi No 6 Issue 18 13 April 2006
Proposed determination of native title and party status – Bardi Jawi Issue 17 08 February 2006
Proposed determination of native title—Single Noongar application Issue 21 05 October 2006
Proposed determination of native title—Timber Creek Issue 21 05 October 2006
Proposed native title determination Issue 6 12 August 2003
Public works and s. 47A Issue 7 11 November 2003
Queensland alternative state provisions valid Issue 3 18 December 2002
Recommendation for land rights grant over intertidal zone and river bed and banks Issue 2 14 October 2002
Registration test decision review — authorisation Issue 11 09 September 2004
Registration test decision—s. 190D review Issue 21 05 October 2006
Registration test review successful—date for registration Issue 21 05 October 2006
Remitter proceedings Issue 6 12 August 2003
Removal of one of those named as the applicant Issue 6 12 August 2003
Replacing the applicant under s 66B Issue 7 11 November 2003
Replacing the applicant under s. 66B Issue 20 10 July 2006
Replacing the applicant under s. 66B—Butchulla People Issue 21 05 October 2006
Representation Issue 4 28 February 2003
Representation by an unqualified person Issue 11 09 September 2004
Restricted evidence Issue 5 26 May 2003
Review of decision to refuse financial assistance Issue 9 30 April 2004
Review of registration test decision Issue 5 26 May 2003
Review of registration test decision Issue 8 12 February 2004
Right to hunt in Canada Issue 7 11 November 2003
Right to negotiate–transitional provisions Issue 22 07 December 2006
Sacred sites and native title Issue 11 09 September 2004
Section 211 as defence to prosecution Issue 14 06 April 2005
Splitting proceedings under s. 67 Issue 17 08 February 2006
State of Queensland releases connection guide Issue 7 11 November 2003
Stay of order to dismiss application pending an appeal Issue 21 06 October 2006
Strike out application Issue 8 12 February 2004
Strike out applications Issue 7 11 November 2003
Strike-out Issue 10 05 July 2004
Strike-out application Issue 14 06 April 2005
Strike-out of claimant application Issue 21 05 October 2006
Strike-out of claimant applications under s. 84C Issue 11 09 September 2004
Strike-out of claimant applications under s. 84C Issue 11 09 September 2004
Strike-out of revision application under s. 84C Issue 11 09 September 2004
Successful application under s. 66B to replace applicants Issue 2 14 October 2002
Trial dates vacated Issue 2 14 October 2002
Validity of acquisition notice Issue 8 12 February 2004
Validity of s.29 Notice Issue 5 26 May 2003
Vesting of Lake Victoria — effect on native title Issue 13 14 January 2005
Vesting of Lake Victoria was a previous exclusive possession act Issue 7 11 November 2003
Want of prosecution Issue 16 28 October 2005
Western Division Leases in NSW Issue 1 16 August 2002
When is an application 'made' for purposes of ss. 47 to 47B? Issue 11 09 September 2004
Yorta Yorta High Court appeal Issue 3 18 December 2002

10. Right to negotiate applications

Issue 5 26 May 2003
Acceptance of Form 4 applications and the application fee Issue 15 28 July 2005
Conjunctive determination and split in the applicant group Issue 16 31 October 2005
Consent determination—factors tribunal considers Issue 20 10 July 2006
Evidence Issue 3 18 December 2002
Evidence of right to speak for claim group Issue 2 14 October 2002
Expedited procedure did not apply Issue 17 08 February 2006
Expedited procedure on Aboriginal reserve land in WA Issue 17 08 February 2006
Extension of time to comply with Tribunal directions—confidential information Issue 14 06 April 2005
Form 4 acceptance issues Issue 14 06 April 2005
Further information Issue 16 31 October 2005
Furthur Information Issue 17 08 February 2006
Future act determination application a nullity—native title party deceased Issue 20 10 July 2006
Future act determinations Issue 8 13 February 2004
Future act determination—power to impose agreement as a condition Issue 20 10 July 2006
Good faith negotiations Issue 12 09 November 2004
Good faith negotiations – obligations regarding compensation Issue 17 08 February 2006
Good faith negotiations – obligations regarding funding and compensation Issue 17 08 February 2006
Heritage agreements—relevance to the expedited procedure Issue 14 06 April 2005
Jurisdiction Issue 3 18 December 2002
Legal capacity of applicant to consent Issue 16 28 October 2005
Major disturbance—future act determination appeal Issue 17 08 February 2006
Meaning of ‘major disturbance’ in s. 237(c) Issue 10 05 July 2004
Negotiation in good faith – relevance of prior dealings Issue 17 08 February 2006
No submissions from native title party in future act determination application Issue 13 17 January 2005
Objection to the application of the expedited procedure Issue 10 05 July 2004
Objection to the application of the expedited procedure Issue 5 26 May 2003
Objection to the application of the expedited procedure — major disturbance Issue 12 09 November 2004
Right to negotiate applications Issue 14 06 April 2005
Scope of ss 32 and 38 Issue 12 09 November 2004
Tribunal determinations on AustLII and medium neutral citation Issue 13 17 January 2005
Use of summons by Tribunal Issue 10 05 July 2004
When is an application 'lodged' with the Tribunal? Issue 13 17 January 2005

13. Other Future Act Determinations

Section 24MD(6B) — hearing by independent person Issue 15 28 July 2005

2. Future act applications

Issue 6 28 February 2003
Objection to the application of the expedited procedure Issue 4 28 February 2003
Queensland future act decision Issue 4 28 February 2003

2. Right to negotiate applications

Issue 6 12 August 2003
Future act determinations Issue 7 11 November 2003
Legislative protection of significant sites and heritage agreements Issue 22 08 December 2006
Negotiation in good faith–unregistered areas not relevant Issue 22 08 December 2006
No arbitral power if no registered claim or determination Issue 22 08 December 2006
Non-compliance with Tribunal directions–dismissal by springing order Issue 22 08 December 2006
Notification under s. 29—validity challenged Issue 21 06 October 2006
Right to negotiate applications Issue 7 11 November 2003

3. Objection to the application of the expedited procedure

Authority to give affidavit evidence Issue 3 18 December 2002
Effect of grant of pastoral lease over objection area — Ward Issue 2 14 October 2002
Evidence of right to speak for claim group Issue 2 14 October 2002
Interference with social and community activities -s. 237(a) Issue 3 18 December 2002
Multiple objectors on single Form 4 Issue 2 14 October 2002
Principles applying to a jurisdictional challenge Issue 2 14 October 2002
Registered sites Issue 2 14 October 2002

4. Right to negotiate determinations

Objection to the application of the expedited procedure Issue 1 16 August 2002
Right to negotiate determinations Issue 2 14 October 2002

5. Tribunal practice and procedure

Tribunal practice and procedure Issue 2 30 April 2003

6. Federal court liaison report

Liaison report Issue 1 16 August 2002

7. Consent determination of Native Title

Martu and Ngurrara determinations Issue 2 14 October 2002

8. State of Western Australia releases new guidelines

State of Western Australia releases new guidelines Issue 2 14 October 2002

Future act application

Future act application Issue 4 05 March 2003

Recent cases

Mediation under the NTA – role of Tribunal and powers of Federal Court Issue 23 31 January 2007

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For definitions of specific native title words and terms see the Glossary.