Recent Cases

New South Wales Aboriginal Land Council v Minister Administering the Crown Land Management Act [2026] NSWCA 183 (03 September 2026) (Bell CJ, Payne JA and Preston CJ of LEC)


Catchwords:


ABORIGINAL LAND RIGHTS – “claimable Crown lands” – whether land is – whether land is “the subject of” an application for native title determination under Commonwealth Native Title Act – native title determination applications that must not be made – land on which previous exclusive possession act done – such act includes grant or vesting of Scheduled interest – Scheduled interest includes leases of Crown lands – land claimed subject to such leases – Federal Court determination that native title extinguished – land is claimable Crown land