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
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