Wednesday 5th March 1997
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Issues - The banking system under the spotlight. Based on the unimproved capital value of the mine site native title claimants could get as little as Au$37,690.
The matter, now before the Native Title Tribunal, has had precedents where, in Western Australia, two previous arbitration cases failed to award compensation to native title claimants. Two out of the three member tribunal panel, Paul Seaman and Diane Smith, were involved in both these decisions.
Clayton Utz partner Peter Gore said that it was quite possible that no compensation would now be awarded to the Gulf Aboriginals.
"This is why there is a big incentive to reach negotiated agreement which is reasonable to both parties," Mr Gore said.
"They (native title claimants) can't be given a share of profits or a share of any income and that could significantly reduce any compensation."
The Native Title Tribunal president Robert French, on announcing the Century Zinc arbitration panel said, "Under the Native Title Act, the tribunal cannot set conditions that have effect of giving native title parties a right to share in the profits of the mine."
If the arbitral panel used the unimproved capital value in considering compensation, the 230 sq kilometre Century Zinc site would be valued at Au$37,690.
"That doesn't necessarily mean, by the way, someone who has had direct contact with the Liberal or National Party," he said.
The Chief Justice of the High Court, Sir Gerard Brennan, spoke out yesterday in defence of the judge's rights to develop the law, even in areas where Parliament had intervened.
High Court judge Justice McHugh pointed out that the courts had no choice but to decide the cases brought before them.
Justice McHugh said, "Anybody who does not believe that judges make laws does not libve in the real world. Even when the court decides not to enter an area of law upon which there is no exact precident, it makes law. That point does not seem to be understood."
The feminists in Australia are in a real "tizz" over Prime Minister John Howard's decision to drop "Chairperson" in favour of "Chairman". Last night we had a debate between Liberal Bronwyn Bishop (for the change) and Green Federal Member Dee Bargetts (against).
It turns out that Chairman is an abbreviation for Chair Manager so changing the generic term epitomises the argument that "political correctness" has gone overboard.
After all was said and done you really wonder how much is actually being done by our elected representatives as they fight over issues like this and work out strategies to remove Senator Colston from his Senate post.
Extensive political commentary and links can be found on Palmer's Australian Politics page.
The killers mostly age between 15 and 29 years and alcohol is a common factor. Murders are often the unintended consequence of a domestic argument. Men aged between 18 and 34 years are the most likely murder victims and blunt instruments or knives are the most common weapon.
The researcher, Marianne James said, "Older people really are the safest in society."
The study showed that the level of murders in Australian society, 1.9 persons per 100,000 people, had changed little since 1915.
"Homicides (usually) happen between men... when they're out at clubs drinking or drinking at their mates' houses or a party (where) they might be friends and a drunken argument gets out of control," said Ms James.
Will be again visiting the big smoke today, but only for a short period.
Have a great day.
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