› Aboriginal land rights - grazing licence granted by Land Trust pursuant to s 19 Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) - direction and satisfaction of relevant Land Council when performing its functions under s 19 Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) - whether a Land Council can engage in “trade or commerce” within the meaning of s 18 Australian Consumer Law.
Aboriginal and Torres Strait Islander Peoples
› identification of traditional Aboriginal owners for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) - insufficient to rely on mere assertions by individuals as to who are and who are not traditional owners - require identification of the members of a relevant local descent group.
Civil Procedure
› pleading
› amendment - leave to file and serve further amended statement of claim
› new issues raised that would result in trial being lengthened and adjourned - application dismissed.
REAL PROPERTY - indefeasibility of title under s 19(6) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
› fraud as an exception.
Case Details
Citation[2019] NTSC 47
CourtNTSC
JurisdictionNorthern Territory
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