Recent Cases

Anderson v Indigenous Land and Sea Corporation [2024] NSWCA 9 (07 February 2024) (Kirk and Stern JJA, Simpson AJA)


Catchwords:


LAND LAW – Indigenous land rights – Aboriginal and Torres Strait Islander Act 2005 (Cth) – Conditional grant of land pursuant to statutory functions – Validity of conditions upon grant of land – Challenge to the validity of transfer of land by persons not party to the transfer

LAND LAW – Indigenous land rights – Claims for general equitable Indigenous title separate to native title

LAND LAW – Adverse possession – Consent of documentary owner

CONSTITUTIONAL LAW – Commonwealth Constitution – Race – Scope of legislative power under s 51(xxvi) – Aboriginal and Torres Strait Islanders peoples as distinct “people of any race”