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let's chat high court

A new Chief Justice of the High Court of Australia has just been appointed to replace the outgoing Murray Gleeson. Introducing Robert French, a Federal Court judge for the last 22 years. His most famous case thus far involved the Howard Government in the Tampa crisis. The incumbent Gleeson CJ retires next month.

'Mabo of the Sea'
In other court news, the 'Mabo of the Sea' decision has just been handed down giving indigenous people exclusive control to the tidal waters of approximiately 80% of the Northern Territory coastline. In what may be seen as an extension of the Mabo decision in 1988, this case strikes down the Northern Territory government appeal against the decision of the Federal Court giving indigenous people native title to tidal waters in Arnhem Land. The implications of this tidal land rights native title precedent will be interesting. It will undoubtedly send government lawyers scrambling through the judgment to see what possible ramifications may arise.

The ramifications of this case on the fisheries industry in the Northern Territory is already immense.

Case: Northern Territory of Australia v Arnhem Land Aboriginal Land Trust [2008] HCA 29 (30 July 2008)


benny | Wednesday, July 30, 2008
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