Sentences with phrase «full federal court decision»

Consideration of how coexistence might work in relation to pastoral leases may be found in the majority judgement of the full Federal Court decision in Miriuwung Gajerrong.

Justices Beaumont and von Doussa in the majority of the full Federal Court decision in the Croker Island case endorsed Justice Olney's finding that only non-exclusive cultural and subsistence rights could be recognised by the court.

Members of the Yorta Yorta Aboriginal Community v Victoria & o'rs, trial decision per Olney J at [122]- [128]; Full Federal Court decision per Black CJ at [81]- [83]; and High Court per Gleeson CJ, Gummow & Hayne JJ at [69].

Since the Full Federal Court decision in De Rose, [70] the Courts have repeatedly rejected the need for «on - going or continual physical occupation of the land» by the claimants.

117 op.cit., per Gleeson CJ, Gaudron, Gummow & Hayne JJ at [63]; also Full Federal Court decision in Western Australia v Ward & o'rs [2000] FCA 191 (3 March 2000) per Beaumont & Von Doussa JJ at [245](with whom North J agreed at [682]-RRB-.

(10) The full Federal Court decision restricted the information required to be notified for the «opportunity to comment» in three important ways:

In my Native Title Report 2007, I summarised the Full Federal Court decision in Blue Mud Bay.

As Justice North stated in his dissenting judgment in Full Federal Court Decision in Miriuwung Gajerrong:

The Appeal against the Full Federal Court decision Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 was heard by the full bench of the High Court yesterday.

A few Full Federal Court decisions since Yorta Yorta in 2002 have shown some latitude exists, to recognise the impacts of colonisation.

Not exact matches

The public benefit test was recently considered, albeit not in a media merger context, by the Full Federal Court in ACCC v Australian Competition Tribunal [2017] FCAFC 150 (Tabcorp) where the Court applied a broad concept of public benefit consistent with the Fairfax decision in New Zealand:

The necessary level of proof required to demonstrate a proposed merger would substantially lessen competition is unclear following the Full Federal Court's decision in Metcash.

The ACCC will not seek special leave to appeal against the Full Federal Court's decision in Metcash.

The Full Federal Court (comprising Justice Besanko, Justice Perram and Justice Robertson) handed down its judgment on the appeals by ACCC and Crownbet against the decision of the Australian Competition Tribunal in relation to the Tatts / Tabcorp merger authorisation.

The High Court had granted the Commonwealth of Australia special leave to appeal the decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015), in which the Full Federal Court concluded that they should not have any regard to the figures agreed by the parties in relation to penalties.

The Full Federal Court today handed down its decision in relation to Australian Competition and Consumer Commission's appeal against the judgment in ACCC v Lux Distributors Pty Ltd..

Today the High Court of Australia granted Fortescue Metals Group Ltd and the National Competition Council leave to pursue appeals in relation to the decision of the Full Federal Court.

Australia's Full Federal Court this week began proceedings in an appeal of an earlier decision that upheld the validity of breast cancer diagnostic tests developed by Myriad Genetics — the same tests that were the subject of oral argument before the U.S. high court earlier this Court this week began proceedings in an appeal of an earlier decision that upheld the validity of breast cancer diagnostic tests developed by Myriad Genetics — the same tests that were the subject of oral argument before the U.S. high court earlier this court earlier this week.

In the U.S. Federal appellate courts, and maybe all of the state appellate courts, they have a procedure (as I understand it) by which a judge of the appellate court who wasn't on the hearing panel can request the full court reconsider the decision.

The Canadian Association of Refugee Lawyers (CARL) and Canadian Council for Refugees (CCR) welcome the recent Federal Court decision clarifying that the refugee appeal is a full appeal on the merits.

A recent federal court decision provides a cautionary tale about the rights of resident physicians accused of misconduct, and importance of taking full advantage of internal «due process» hearings.

One federal appeals court has held that decisions of the courts of foreign nations under the Convention are not entitled to full faith and credit; however, they are entitled to deference under principles of international comity.

My colleague Mike Gruber was kind enough to compile the following brief summary of the Federal Patent Court's full decision on the Raltegravir (Isentress ®) compulsory license...

A recent federal appeals court decision struck down the requirement that minor parties offer a full - slate of candidates for statewide or countywide offices, while another court battle looms.

On Thursday night, DOJ, in a pending labor dispute in a federal appeals court in Philadelphia, offered a glimpse of legal arguments the government could make in asking the full D.C. Circuit to overturn the three - judge panel decision in Noel Canning v. NLRB.

Since the Supreme Court of Canada decision in D.B.S. v. S.R.G. 2006 SCC 37, retroactive child support orders have been made pretty frequently against parents who have not been paying child support in accordance with the Federal Child Support -LSB-... read full post]

This decision was overturned by the Federal Court, Trial Division which concluded that potential for future problmes did not justify a decision to refuse reinstatement, and that failing to grant full reinstatement could «minimize» and «enfeeble» the impact of human rights law.

How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: [phone] Cell Phone: [phone] Fax: [phone] E-mail: [email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request

In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between Indigenous and non-Indigenous people as competing claimants for Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between Indigenous and non-Indigenous people as competing claimants for court will be called upon to arbitrate an old dispute that has never been settled; that between Indigenous and non-Indigenous people as competing claimants for land.

The construction of native title as a bundle of rights with no uniting foundation, in the Full Federal Court's decision in the Miriuwung Gajerrong case [9], is a construction that epitomizes the disintegration of a culture when its governing essence is neatly extracted from it.

The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land.

The Full Federal Court upheld the primary court decision that the notices complied with the requirements of section 24HA NTA, and that there was no requirement in subsection 24HA (7) to notify the registered native title claimants before an Authority had determined to grant the permit requeCourt upheld the primary court decision that the notices complied with the requirements of section 24HA NTA, and that there was no requirement in subsection 24HA (7) to notify the registered native title claimants before an Authority had determined to grant the permit requecourt decision that the notices complied with the requirements of section 24HA NTA, and that there was no requirement in subsection 24HA (7) to notify the registered native title claimants before an Authority had determined to grant the permit requested.

Justice Sackville found that the claim for compensation for extinguishment of native title was unsuccessful on 31 March 2006.8 The claimants appealed to the Full Court of the Federal Court (three judges).9 The court dismissed the appeal on 6 July 2007 and upheld Justice Sackville's decisiCourt of the Federal Court (three judges).9 The court dismissed the appeal on 6 July 2007 and upheld Justice Sackville's decisiCourt (three judges).9 The court dismissed the appeal on 6 July 2007 and upheld Justice Sackville's decisicourt dismissed the appeal on 6 July 2007 and upheld Justice Sackville's decision.10

At the time of writing the Full Federal Court had not handed down its decision on the appeal in the Noongar case.

This aspect was not subsequently addressed in the High Court's ruling in the Wik case, and the first instance decision on mineral rights has since been judicially doubted because of subsequent High Court rulings about government «ownership» of resources: Justice North in the (minority of) the full Federal Court appeal decision in Ward - v - Western Australia observed of the Federal Court decision in Wik that «the conclusion that the mining legislation in Queensland conferred full beneficial ownership on the crown sufficient to extinguish native title can not be regarded as correct» (2000) 170 ALR 159 at para 843.

On appeal the Full Federal Court upheld the primary decision that the failure by the government party to accord procedural rights of notification and consultation to the native title parties did not invalidate the future act undertaken.

For the past year, between the Full Federal Court and the High Court decisions, the Northern Land Council, which represents the Traditional Owners in the case, has been issuing free permits to commercial fishermen to use the inter-tidal zone.

[10] At the writing of this report, the Full Federal Court had reserved its decision on who would pay the costs of the litigation.

This decision shows that a «segmentation» strategy by respondents to whole of country native title claims may actually be rewarded by the kind of reasoning adopted by the Full Federal Court in this case.

[92] Brownhill, S., «Larrakia claims over Darwin: Decision of the Full Federal Court in Risk v Northern Territory and Quall v Northern Territory [2007] FCAFC 46; BC200702332» (July 2007), 8 (3), Native Title News, p44.

Justice North, in his dissenting judgment in the Full Federal Court's decision in Western Australia v Ward & o'rs, [26] postulated native title as an underlying right to the land on which other rights to undertake particular activities or exercise control depended.

However, in August 2008 the Full Federal Court allowed an appeal from the Gudjula first instance decision, and the matter was remitted to the primary judge.

The decision of the Full Federal Court in the Croker Island case is analysed in the Report as an example of how the legal system imposes severe limitations on the recognition of traditional fishing rights and the spiritual connections that exist between the Indigenous native title groups and the sea.

In the context of other future act processes, the Full Federal Court has stated that the obligation to give notice for the purpose of affording an opportunity to comment «can be fulfilled by the decision - maker providing to the designated recipient only general information».

In Chapter 1, I reviewed the Full Federal Court's decision in FMG Pilbara Pty Ltd v Cox (FMG Pilbara).

One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney.

An appeal from this decision was dismissed by the Full Federal Court (in February 2001), and the Yorta Yorta people appealed the Full Federal Court's decision to the High Court.The Human Rights & Equal Opportunity Commission was granted leave to intervene in the High Court's hearing and make submissions to the High Court on relevant human rights principles.

However, in the interim, the Commission welcomes the Government's decision to clarify the good faith negotiation requirements in the Native Title Act following the High Court's decision [32] to refuse special leave to appeal the decision of the Full Federal Court in FMG Pilbara Pty Ltd v Cox (FMG).