RECENT DEVELOPMENTS IN NATIVE TITLE LAW AND CULTURAL HERITAGE AFFECTING THE PETROLEUM INDUSTRY—CERTAINTY, BUT AT A PRICE

2004 ◽  
Vol 44 (1) ◽  
pp. 741
Author(s):  
D. Young ◽  
G. Scott ◽  
J. Norris
Keyword(s):  
Cultural Heritage ◽  
Common Law ◽  
Petroleum Industry ◽  
Native Title ◽  
Recent Developments ◽  
The Common ◽  
Unexpected Findings

The mosaic of the common law relating to Native Title, which underpins the Native Title and other Acts, continues to be filled in by the courts increasing certainty for all parties. Last year saw the High Court’s Ward decision—the most significant decision for the petroleum industry since Mabo in 1992. Since then there have been three more important decisions, which while not making new law, have shown how the principles enunciated in Ward and Yorta Yorta are being applied. Some of the cases examined include the Daniel and De Rose Hill decisions, which have application to petroleum tenements.This paper will outline the recent developments, and demonstrate how the decisions have reduced uncertainty, thereby narrowing the areas about which negotiation must occur. The hurdle for proving the existence of Native Title remains high.It has not all been in favour of industry, however. Increasingly, Native Title cases, such as Daniels have resulted in unexpected findings that some conventional titles had been invalidly granted. Titles which seemingly ought to have extinguished Native Title have turned out to be invalid, and in many cases irretrievably so. The paper looks at the implications of this for industry as well.

The Common Law, Reasons and Administrative Justice

1994 ◽  
Vol 53 (2) ◽  
pp. 282-302 ◽  
Author(s):  
P.P. Craig
Keyword(s):  
Common Law ◽  
Case Law ◽  
Public Law ◽  
Public Authorities ◽  
General Duty ◽  
House Of Lords ◽  
Recent Developments ◽  
Private And Public ◽  
The Common ◽  
Home Department

The capacity of the common law to develop and evolve is well recognised within both private and public law. This is indeed one of its enduring qualities. The objective of the present article is not, however, to contribute to the jurisprudential debate concerning the nature of the adjudicative process at common law. My object is more modest. It is to consider and place in perspective some of the recent developments which have occurred at common law in relation to the duty of public authorities to provide reasons. It is a well known and oft repeated proposition that there is no general common law duty to furnish the reasons for a decision. It is equally well known that this proposition has been the target of regular attack by those who argue that such a general duty should exist. A reconsideration of both of these propositions is timely in the light of case law developments culminating in the House of Lords' judgment in R. v. Secretary of State for the Home Department, ex p. Doody.

scholarly journals Recent Developments in Wrongful Dismissal Laws and Some Pointers for Reform

1969 ◽  
pp. 470 ◽  
Author(s):  
G. England
Keyword(s):  
Nova Scotia ◽  
Common Law ◽  
Just Cause ◽  
Grievance Arbitration ◽  
Employment Termination ◽  
Recent Developments ◽  
The Common ◽  
The Law ◽  
Federal Jurisdiction ◽  
Wrongful Dismissal

This paper examines recent developments in the law of wrongful dismissal. It demonstrates that the current common law fails to regulate satisfactorily terminations of employment and proposes an alternative statutory scheme. Part considers the "minimum contents" required of fair and just system of employment termination. Part II examines the common law response and its inadequacies. Part III suggests proposals for reform, drawing on the ex periences of statutory "just cause"protections in Nova Scotia and England and in Canadian grievance arbitration. Also, the proposed amendments to the Canada Labour Code in bill C-8,1 which introduces "just cause"protections for workers within Federal jurisdiction are considered.

Revisiting pure economic loss: lessons to be learnt from the Supreme Court of Canada?

Legal Studies ◽  
2005 ◽  
Vol 25 (1) ◽  
pp. 49-71 ◽  
Author(s):  
Paula Giliker
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Economic Loss ◽  
Supreme Court Of Canada ◽  
Two Stage ◽  
Pure Economic Loss ◽  
The Supreme Court ◽  
Recent Developments ◽  
The Common ◽  
Difficult Area

This article examines the treatment of pure economic loss claims in England and Canada. The two jurisdictions have much in common. Starting from the same case sources, the common law of each system has struggled to deal with claims for negligently-incurred pure economic loss. Yet, the systems diverged in the 1990s when the Canadian Supreme Court refused to follow the lead of Murphy v Brentwood DC and reiterated its adherence to the Anns two-stage test. It is submitted that, in view of recent developments which suggest the gradual convergence of the two systems, English law should carefully examine the categorisation approach adopted by the Canadian courts. The current English position is far from clear, and the Canadian model is capable of bringing transparency and greater clarity to this difficult area of law.

Scottish Trusts in the Common Law

2015 ◽  
Author(s):  
Lionel D Smith
Keyword(s):  
Common Law ◽  
Recent Developments ◽  
The Common ◽  
Ubiquitous Presence

This chapter examines how the Scottish trust is — and is not — found in the common law. First, how it is not: the trust of the common law tradition cannot be understood according to the principles that underlie the trust of Scotland. But then, how it is: the common law does have an institution that corresponds almost exactly to the Scottish trust. Before analysing the ubiquitous presence of Scottish trusts in the common law, the chapter considers trust as it relates to the administration of the estate of the deceased, the position of estate beneficiaries, and trustees and personal representatives in the common law. It also discusses some recent developments in trusts in the common law world and concludes with an analysis of the implications of such developments for trust beneficiaries and non-contractual creditors.

Part I Foundations, Ch.2 Settlement

2018 ◽  
Author(s):  
Waugh John
Keyword(s):  
Indigenous Peoples ◽  
Common Law ◽  
Legal Framework ◽  
Land Ownership ◽  
High Court ◽  
Native Title ◽  
The Status ◽  
The Common ◽  
The Law ◽  
Indigenous Land

This chapter explores the law of Australian colonization and its relationship with the laws of Australia's Indigenous peoples. A line of legal continuity links the Australian Constitution to the imposition of British law made during the colonization of Australia and to the decisions of colonial courts that treated the Australian colonies as colonies of settlement. Those decisions, after some initial doubts, displaced the diverse and intricate laws of Australia’s Indigenous peoples, who have occupied the continent for tens of thousands of years. Only in relation to native title to land have later courts made a major reassessment of the status of Indigenous laws. There, the High Court has challenged the factual assumptions of earlier decisions and found accommodation for Indigenous land ownership within the common law, but left the legal framework of colonization otherwise intact.

Opting out of the common law: recent developments in the legal system of the Sudan

1973 ◽  
Vol 17 (2) ◽  
pp. 133-148
Author(s):  
Zaki Mustafa
Keyword(s):  
Legal System ◽  
Democratic Republic ◽  
Common Law ◽  
Civil Procedure ◽  
Evidence Code ◽  
Opting Out ◽  
Procedure Code ◽  
Recent Developments ◽  
The Common ◽  
To Receive

On October 1st, 1972, the Minister of Justice of the Democratic Republic of the Sudan constituted a committee consisting of 25 leading members of the Sudanese Legal Profession for the purpose of “re-examining fully the Sudan Civil Code, 1971, the Civil Procedure Code, 1972, the Civil Evidence Code, 1972, and the draft Penal and Commercial Codes”. The Committee was requested to recommend to the Minister whether all or any of the aforementioned codes should be abrogated, temporarily suspended (if already in force), kept as it is, or amended. The Committee was asked to submit its findings and recommendations as soon as possible and was authorised “to receive evidence from experts as well as from those directly connected with the application of the law”.

scholarly journals Interpreting Customary Rights Orders under the Foreshore and Seabed Act: The New Jurisdiction of the Maori Land Court

2005 ◽  
Vol 36 (2) ◽  
pp. 229
Author(s):  
Shaunnagh Dorsett ◽  
Lee Godden
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Aboriginal Rights ◽  
Native Title ◽  
Customary Rights ◽  
The Common

The Foreshore and Seabed Act 2004 inaugurated a new jurisdiction for the Māori  Land Court with respect to customary rights orders over areas of the foreshore and seabed. This article focuses on the customary rights orders provisions of the Act. While this new jurisdiction is entirely statutory, the language of the provisions reflects the common law “tests” for aboriginal rights and native title. This article looks, therefore, to the common law as a possible guide for interpretation of the CRO provisions. It concludes, however, that the statutory language of the Act provides an opportunity for New Zealand courts, and the Māori  Land Court in particular, to forge a new body of jurisprudence, one which hopefully will avoid the strictures and inequalities of its common law equivalent.

SIGNIFICANCE OF NATIVE TITLE TO THE PETROLEUM INDUSTRY

2002 ◽  
Vol 42 (2) ◽  
pp. 163
Author(s):  
Doug Young ◽  
Stuart MacGregor
Keyword(s):  
Cultural Heritage ◽  
Petroleum Industry ◽  
10Th Anniversary ◽  
High Court ◽  
Native Title ◽  
The Past ◽  
Legislative Amendments ◽  
Offshore Petroleum

This year is the 10th anniversary of the High Court’s decision in Mabo [No 2]. This paper presents a potted version of what has occurred over the past decade and then a more detailed summary of what has happened over the past year, including recent native title and cultural heritage cases and legislative amendments and their impact on both onshore and offshore petroleum explores and producers. It also looks at the issues likely to be considered by the High Court in the long-awaited decision in the Miriuwung Gajerrong (Ward) case.

The Common Law of Native Title in Australia

2002 ◽  
Vol 2 (1) ◽  
pp. 15-45 ◽  
Author(s):  
Justice Robert French ◽  
Patricia Lane
Keyword(s):  
Common Law ◽  
Native Title ◽  
The Common
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