De Rose v State of South Australia (No 2)
| Jurisdiction | Australia Federal only |
| Judgment Date | 2005 |
| Neutral Citation | [2005] FCAFC 110 |
| Date | 2005 |
| Year | 2005 |
| Court | Full Federal Court (Australia) |
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3 firm's commentaries
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Pre-1975 mining leases unlikely to extinguish native title in the absence of exclusive possession
...does the subsequent development extinguish the native title rights. The Full Federal Court had held in De Rose v South Australia (No 2) (2005) 145 FCR 290 that, because a pastoral lease granted rights to construct houses, sheds and other improvements that (when exercised) were inconsistent ......
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Recent High Court judgment calls into question mining, pastoral or term leases granted before 1975
...been dealt with in the last few years under another less recent judgment of the Full Federal Court, De Rose v South Australia [No 2] (2005) 145 FCR 290, a decision which the High Court has recently found to have been wrongly decided. These dealings may have resulted in an assessment that na......
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An odd couple: mining leases and native title can coexist - Western Australia v Brown [2014] HCA 8
...v Ward (2002) 213 CLR 1 2(1998) 195 CLR 96 3Wik Peoples v Queensland (1996) 187 CLR 1 4Western Australia v Ward (2002) 213 CLR 1 5(2005) 145 FCR 290 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific...
1 books & journal articles
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The Definition and Discovery of Facts in Native Title: The Historian's Contribution
...De Rose [2002] FCA 1342 (Unreported, O'Loughlin J, 1 November 2002) [345]–[346]. 202 Ibid [372]. 203 Ibid [346]. 204 See De Rose (No 2) (2005) 145 FCR 290, 296 [16]–[17]. 326 Federal Law Review Volume 36 ____________________________________________________________________________________ wa......