This piece provides an overview of two cases, Northwest Sand & Gravel Pty Ltd Ngarluma Aboriginal corporation RNTBC [2020] NNTTA 68 and Atlas Iron Pty Ltd v Nyamal Aboriginal Corporation [2020] NNTTA 75.
Both cases highlight the importance of parties needing to negotiate in good faith; every right to negotiate process requires each party to negotiate in good faith with the view of reaching an agreement about the relevant grant, irrespective of there being a prior agreement about future grants. The article looks at each both cases and provides key insights to bear in mind for similar cases.
Authors: Leonie Flynn, Expertise Counsel and Anna Seddon, Lawyer, Ashurst
Members-only access
To access the full resource, you must be a
member.
Already a member?
Login to unlock.
Login
Not an ACC member?
Gain access to a comprehensive collection of global
resources for in-house counsel
Sign
up for a 30-day trial
Region:
Australia
The information in any resource collected in this virtual library should
not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.