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Commonwealth v Yarmirr [1999 ] FCA 1668

Year

1999

Jurisdiction

Northern Territory

Forum

Federal Court

Issues (legal)

Rights and interests - commercial

Rights and interests - sea

Summary

Beaumont, von Doussa, and Merkel JJ

The Court upheld Olney J’s decision to grant only non-exclusive rights. The Court noted that exclusive rights could not be granted as this would ‘fracture the skeletal principle of the freedom of the seas’ by conflicting with Australia’s international obligation to permit innocent passage of ships. The Court noted that the right to trade could be an integral aspect of a right to possession.

Source

Commonwealth v Yarmirr [1999 ] FCA 1668