Risk v NT

• 1. Native Title
  2. › Native title determination
  3. › Rights and interests possessed under traditional laws and customs
  4. › Whether traditional laws and customs discontinued
  5. › Whether current laws and customs 'traditional' within s 223(1)
  6. › Whether trial judge failed to consider relevant oral evidence
  7. › Native Title Act 1993 (Cth), s 223(1)
• 1. Native Title
  2. › Native title determination
  3. › Identification of relevant society and normative system
  4. › Whether trial judge failed to consider claim based on alternative society
  5. › Whether case based on wider 'Top End' Aboriginal society was advanced at trial
  6. › Native Title Act 1993 (Cth), s 223(1)
• 1. Native Title
  2. › Evidence
  3. › Findings of Aboriginal Land Commissioner
  4. › Whether trial judge required to adopt findings made under Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
  5. › Discretion to receive but not adopt findings
• 1. Practice and Procedure
  2. › Intervention by Attorney-General
  3. › Costs of intervention
  4. › Whether Commonwealth should pay costs where intervention raised matters not arising on appeal
  5. › Native Title Act 1993 (Cth), s 84A(2)

Quick Take