Sentences with phrase «claimant group»

The phrase "claimant group" refers to a group of people or organizations who come together because they have a common claim or legal demand against someone or something. They join forces to seek justice or compensation for the harm or injustice they believe they have experienced. Full definition
In contrast, the negotiation model assumes the right of claimant groups to a negotiated outcome based on their traditional connection to country.
However, the government is willing to continue to negotiate with a native title claimant group while such evidence is being gathered.
Whether Australian law would recognise the native title of other native title claimants grouped differently, was not decided.
HSL acts for Claimant Group in the high profile claims against Lloyds Bank arising out Lloyds» acquisition of HBOS in 2009.
The government does not require native title claimant groups in SA to prove their connection to country through assembling anthropological evidence in a connection report prior to entering negotiations.
For some government's, the legal tests which determine whether the native title rights asserted can be recognised and enforced by a Court determine the threshold for entering negotiations with claimant groups.
The aim of this section is to move beyond this first step of the legal recognition of native title in a direction different to that taken in the NTA, by asking «What would a government and a native title claimant group discuss if the agreed aim of the native title process was the realisation of the group's right to sustainable development?».
It provides standard terms for an ILUA which claimant groups can adopt specifying an alternative procedure to the NTA's right to negotiate.
Connection tests can be burdensome on claimant groups.
For those parties in the group litigation who succeed in their individual claims, the logical conclusion is that they have «won» their case and, by extension, payment of their costs should be covered by the «losing» defendant; but in the event that the winning parties ultimately make up a minority of the larger claimant group, it could be argued that, as a whole, the claimants are the «losing» party, responsible for the defendant's costs.
A settlement was reached between the eight former partners and the 167 - strong claimant group of current HSF partners yesterday (1 May).
Agreements are also a useful tool, either at a regional level or between specific claimant groups and other stakeholders, in overcoming the almost insurmountable difficulties of proving the elements of a native title claim to a court.
Finally, representatives from the following three native title claimant groups participated in the project: QUD6005 / 01 Port Curtis Coral Coast, QUD6144 / 98 Gangalu, and QUD6162 / 98 Iman People Number 2.
The Ministry of Justice has indicated that the government will continue to negotiate with a native title claimant group while the evidence was being gathered.
I conclude that while the decisions of the High Court in the Yorta Yorta (3) case and the Miriuwung Gajerrong case (4) limit the extent to which native title determinations can contribute to the economic and social development of the native title claimant group there is still some latitude for negotiation of a consent determination which has retained this capacity.
As set out in chapter 4 many other claimant groups can extrapolate from this decision a similar fate to their applications for native title.
The template has been / is being used in a couple of negotiations by the Antakarinja and Arabunna claimant groups.
Native title agreement - making provides a process to co-ordinate the goals of the various institutions operating at different levels within the overall native title system so as to support the native title claimant group achieving their development goals.
This document provides information to claimant groups about the nature of evidence required to establish native title rights and interests in Victoria and the steps that must be followed.
The appeal of the SCC for defendants, obviously, is the absence of costs shifting, and indeed this is one of claimant groups» main objections to the policy.
It outlines the approach to negotiation adopted in parallel situations in Canada where the Courts have refused to deal with matters where the government has not pursued negotiation with claimant groups to the greatest extent possible.
A preference for negotiation over litigation provides an invaluable opportunity for governments and traditional owner groups to ensure that native title determinations respond as far as possible to the development needs of the native title claimant group rather than just the demands of the legal system.
Having discussed a foundation for the economic and social development of Indigenous peoples based on the realisation of their human rights I proceed to explore this notion of development in the context of native title by asking: «What would a government and a native title claimant group discuss if the agreed aim of the native title process was the realisation of the group's right to sustainable development?».
Facilitate the participation of the native title claimant group in the negotiation process both for the purpose of advocating its position, and also to integrate its objectives with those of other stakeholders.
As required by the Native Title Act, FMG negotiated with both native title parties — the Puutu Kunti Kurrama and Pinikura People (PKKP), a registered native title claimant group for part of the area, and the Wintiwari Guruma Aboriginal Corporation (WGAC), the registered native title body corporate for the balance of the area.
There must be evidence of a strong presence on or over the land claimed, manifesting itself in acts of occupation that could reasonably be interpreted as demonstrating that the land in question belonged to, was controlled by, or was under the exclusive stewardship of the claimant group.
Acted for the claimant group (one of the UK's largest specialist recruitment businesses providing the Infrastructure sector with permanent, contract and temporary staff) in High Court, Queen's Bench Division proceedings.
For example, acting for the claimant group (one of the UK's largest specialist recruitment businesses providing the Infrastructure sector with permanent, contract and temporary staff) in High Court, Queen's Bench Division proceedings.
... the comparator group should mirror the characteristics of the claimant group relevant to the benefit or advantage sought except for the personal characteristic related to the enumerated or analogous ground raised as the basis for the discrimination.
Many governments are not yet clear what they want the native title process to achieve, in terms of meaningful outcomes for either the claimant group or other parties.
To protect the use of a Connection Report for purposes other than native title claims a claimant group would have to institute contempt of court proceedings.
The case, which applies to all Northern Territory Aboriginal land [118], starkly contrasts with recent native title cases which have shown the extraordinarily difficult process that each claimant group must go through to have any native title right and interest recognised, let alone a right or interest which allows the claimants to control the use of and access to their land or waters.
Of increasing concern is the way in which the government's allocation of funds to third parties wishing to participate as respondents in the native title claim process is funnelling NTRBs resources towards litigation rather than addressing the needs of the claimant group.
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