Recent developments: Pleadings, limited trials and extinguishment principles

Wednesday, 4 June 2014
Michael Meegan
Robert Blowes

There have been significant developments in native title jurisprudence regarding the principles of extinguishment by inconsistent rights and the construction of infrastructure on mining or pastoral leases.

Other important experience concerns the final resolution of a claim after generally successful mediation but where there is a narrow sticking point with government.

For example, as to the nature and extent of a right to take resources or where there is a non-government respondent seeking to challenge a particular aspect of the claim. These  experiences involve the use of pleadings to limit and formulate issues, followed by a limited trial.