Undermining the Objects of the Native Title Act: The Debasing of the Future Act Process by the Federal Court

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Abstract

The object of the future act process of the Native Title Act is to provide equality before the law in the form of rights of protection for native title claimants and holders with respect to future acts. The protection can only be accomplished if future acts which do not comply with future act process are held to be invalid. The Federal Court has repeatedly refused to hold such acts invalid, most recently in the decision in BHP Billiton Nickel West Pty Ltd v KN (Deceased) (TJIWARL and TJIWARL #2).1The decision is strikingly flawed both as to its understanding of the objects of the Native Title Act and its attempt at a literal interpretation.
Original languageEnglish
Article number7
Pages (from-to)161-173
Number of pages14
JournalUniversity of Western Australia Law Review
Volume46
Issue number1
Publication statusPublished - Sep 2019

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