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.
This provides an invaluable opportunity for governments and traditional owner groups to tailor native title agreements to the real needs of
the claimant group rather than the demands of the legal system.
As the Native Title Report 2003 detailed, a common theme of state and federal native title policies as they currently exist is a preference for negotiation over litigation.180 This agreement - focus provides an invaluable opportunity for governments and traditional owner groups to ensure that native title agreements respond as far as possible to the economic and social development needs of the native title
claimant group rather than just the demands of the legal system.
Not exact matches
This raises an interesting conflict between s19 Equality Act 2010 (that requires a
Claimant to be of the same racial
group that is alleging discrimination) and the
rather inconsistent provisions of the EU Race Directive.
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.
(a) the emphasis placed by the trial judge on the traditional laws acknowledged and customs observed by the original inhabitants of the area at the time radical title vested in the Crown, and the need to establish that those laws and customs continued to be observed until the present time,
rather than on the traditional laws acknowledged and customs observed by the
claimant group, contrary to the emphasis in paras 223 (1)(a) and (b) of the NTA on the present tense [9];
I believe this has nothing to do with any additional uses of the land — generally very marginal — that the determination makes available;
rather, the fact that a government institution has formally recognised the
claimant group's prior ownership of the subject land and the fact of its dispossession.
I believe this has nothing to do with any additional uses of the land...
rather, the fact that a government institution has formally recognised the
claimant group's prior ownership of the subject land and the fact of its dispossession.