find the latest legal job
Banking Associate - 1-6PQE - Allen & Overy
Category: Banking and Finance Law | Location: United Kingdom
· Banking Associate - 1-6 PQE - Allen & Overy
View details
Academic Dean and Head of School of the TC Beirne School of Law
Category: Other | Location: Brisbane QLD 4000
· An outstanding opportunity · Provide educational, research and organisational leadership
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: Arncliffe NSW 2205
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: All Sydney NSW
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: Sydney NSW 2000
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
NT community challenges intervention in High Court

NT community challenges intervention in High Court

A NORTHERN Territory community is challenging the constitutional validity of the Federal Government’s acquisition of property under the Emergency Response Act.Proceedings were instituted in the…

A NORTHERN Territory community is challenging the constitutional validity of the Federal Government’s acquisition of property under the Emergency Response Act.

Proceedings were instituted in the High Court last week on behalf of Reggie Wurridjal and the Bawinanga Aboriginal Corporation from the Arnhem Land community of Maningrida, east of Darwin.

St John Frawley of Holding Redlich and retired Federal Court judge Ron Merkel are representing the plaintiffs, who argue that the acquisition of property under the Emergency Response Act has not been carried out on “just terms” as required under section 51(xxxi) of the Constitution.

“The case is concerned solely with the constitutional validity of the provisions in the Emergency Response Act that lead to the compulsory acquisition of Aboriginal land and the assets of Aboriginal corporations that conduct business and enterprises within the townships,” Frawley said.

A directions hearing was scheduled to be held in Melbourne on Thursday this week, and the plaintiffs are hoping for a final hearing early in the New Year.

Maningrida is one of 73 communities that have been under Federal Government control since the emergency intervention began, following the Little Children Are Sacred report into child abuse in Aboriginal communities.

Under the emergency provisions, reactions to which have been mixed, the Commonwealth will compulsorily acquire full ownership of the Maningrida township for five years, including all land, businesses and other assets.

The emergency response also abolishes the land permit system, which until now has prevented public access on Aboriginal land.

Frawley said the impact this would have on the community was enormous — both as a practical and emotional matter.

“Imagine if I can say someone else is suddenly going to own all your land and the businesses in your township. It’s a very significant impact both as a practical matter and an emotional matter,” he said.

“Bawinanga is a very substantial corporation that runs all sorts of community services and community business enterprises that generate income for the corporation and the community as well, and all of that would transfer to the Commonwealth.”

Like this story? Read more:

Book commemorates diamond milestone for WA law society

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

NT community challenges intervention in High Court
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Gavel, legal book, criminal lawyers
Jan 19 2018
Three criminal lawyers named NSW magistrates
The NSW Attorney-General has announced the appointment of three new local court magistrates. ...
Warning
Jan 18 2018
Lawyer highlights ‘unintended consequences’ on SSM estate planning
A succession lawyer has warned that the right for same-sex couples to legally marry could have a sub...
drug rehabilitation services available in rural and remote communities
Jan 18 2018
ALS survey shines spotlight on insufficient rehabilitation services
A new survey posted by the Aboriginal Legal Service (NSW/ACT) has revealed an alarming insight into ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...