Tag Archives: oceania

'It's potentially huge': Australian government sued for $700m

An Aboriginal clan leader is seeking compensation from the Australian government over a Northern Territory mine, in a case that could have significant ramifications for native title law.

Former Australian of the Year Galarrwuy Yunupingu is acting on behalf of his people, the Gumatj clan, in a Federal Court case claiming up to $700 million over a Gove Peninsula mine approved in the 1960s.

He's previously said the mine was forced on the local Yolngu people despite their opposition.

READ MORE: The Aussies set to benefit the most from the federal budget

The Commonwealth argues that native title rights come with conditions; namely, that the Commonwealth still has "radical title" to use its land even when it's inconsistent with native title rights.

If native title rights and radical title rights are inconsistent, the Commonwealth can withdraw its recognition of the former, and it is always susceptible to being "defeated" by radical title, Nitra Kidson KC told the court on Monday.

Native title was essentially given recognition on the basis it would not interfere with colonies being set up, so it is "inherently defeasible", Kidson argued.

When asked how big a point that was in terms of how native title law is being administered in Australia, Kidson said: "Certainly, from a compensation perspective, it's potentially huge."

However, she noted the Commonwealth could only exercise the power in the NT and ACT.

READ MORE: Aussie city where homes have plunged $117,000

Gove Peninsula mine

The Commonwealth also argues that the 1969 case of Teori Tau still stands, despite an assertion it has since been overturned.

That case found that the federal government didn't have to stick by the rule of having "just terms" when it acquired property in the NT.

Stephen Lloyd SC, acting for the Commonwealth, argued the decision wasn't ultimately overruled, despite a later case saying it was.

"A previous binding decision of the High Court can only be replaced by another binding principle," he said.

The hearing continues.

Brazen thieves caught on camera stealing petrol from service stations

Thieves are pulling up, filling up and fleeing Sydney petrol stations with hundreds of dollars worth of fuel.

It comes as service stations and drivers are feeling the squeeze of petrol price as the cost of living pressures hit the hip pockets of Australians.

CCTV captured one brazen attack on a Petersham service station around 11am on a Friday.

READ MORE: The Aussies set to benefit the most from the federal budget

Thieves targeting Sydney petrol stations, CCTV shows thieves driving off without paying.Thieves targeting Sydney petrol stations, CCTV shows thieves driving off without paying.

A man in a hoodie filled up a jerry can with petrol then topped up the tank before speeding off with $99 worth of fuel.

"It just sets you back, it's tough," Budget Petrol Petersham's George Theodosiou said.

In another incident, a thief jumped out of the back seat of a car at 4am on Tuesday while the getaway driver waited.

He wore sunglasses and a facemask while filling up the tank before jumping back in the car and stealing $100 worth of petrol.

Another driver tried to pay, but their card was declined so they simply took off. 

"It's petty, you're gonna get caught," Theodosiou said.

READ MORE: Aussie city where homes have plunged $117,000

Thieves targeting Sydney petrol stations, CCTV shows thieves driving off without paying.Thieves targeting Sydney petrol stations, CCTV shows thieves driving off without paying.

NRMA spokesperson Peter Khoury slammed the thieves.

"It's illegal, it's wrong. You have a good chance of getting caught," Khoury said.

"Regardless of what the petrol price is. You shouldn't be stealing fuel."

Australia's peak petrol body said fuel theft costs the industry $82 million annually.

That works out to be a cost of $10,000 a year for every single service station in the country.

In the first six months of this year, there was a 15 per cent jump in fuel theft, as prices spiked at the bowser.

READ MORE: Glittering rock found in gemfields turns out to be rare 'monster' gem

Thieves targeting Sydney petrol stations, CCTV shows thieves driving off without paying.

But as prices drop, so do the rates of petrol drive-offs.

Right now the advice to Sydney drivers is to fill up as the average price for unleaded is currently lower than the wholesale cost. 

Man charged with murder after Perth teen dies days after 'bashing'

A man arrested over the alleged bashing of a Western Australian teenager has been charged with murder after the boy's life support was switched off.

Cassius Turvey, 15, died yesterday after succumbing to injuries sustained while he walked home from school in Middle Swan in Perth on October 13.

A car full of strangers allegedly reportedly pulled up next to the teenager and his friends, and accused them of smashing car windows in the area.

READ MORE: Three states in the eye of a colossal storm

Cassius Turvey, 15, died yesterday after succumbing to injuries sustained while he walked home from school in Middle Swan in Perth on October 13.

Three men allegedly beat him unconscious, inflicting serious head injuries. Turvey's family have claimed the group had the wrong person.

"I'm heartbroken for my son, 15 years of age, for no reason we've lost him," his mother Mechelle said today.

His friends managed to escape and get help but Tuvey suffered critical injuries and was rushed to Perth Children's Hospital with bleeding on the brain.

Five days later, on October 18, he was discharged into his brother's care. He suffered a seizure that night.

Turvey was taken back to hospital and placed in an induced coma the next day to try and stop the swelling.

READ MORE: Home prices to crash 20 per cent, secret RBA data shows

Yesterday his family switched off his life support.

Days earlier Jack Brearley was arrested and he was initially charged with unlawful wounding. It was upgraded to murder after the teenager's death last night.

The 21-year-old faced Midland Court today.

The investigation is ongoing.

Jury retires for the day in Bruce Lehrmann trial

A jury in the trial of the man accused of raping Brittany Higgins has retired for the day and will resume deliberations tomorrow.

Former Liberal Party staffer Bruce Lehrmann has pleaded not guilty to sexual intercourse without consent and is facing a criminal trial in the ACT Supreme Court.

The jury retired last week after the prosecution closed its case following a 12-day trial.

READ MORE: Jury to continue on Bruce Lehrmann deliberations

Bruce Lehrmann arriving at the ACT Supreme Court on day 9 of his rape trial.

Earlier, Chief Justice Lucy McCallum told the court she had received a note from the jury, the first since they entered the deliberation room.

"We have not yet reached an agreement of beyond reasonable doubt, we ask the court to give us a little extra time to complete our deliberation. Could you please advise on time expectations," the note said.

Justice McCallum told the jury they could and should take all the time they need.

She said they should not feel any pressure from people waiting for the verdict.

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"There's no rush. There's no time limit," she said.

The chief justice said anyone other than the accused and complainant waiting for the verdict were choosing to do so.

"There's no pressure from anyone on you," she said.

She instructed the jurors to complete their oath to find a verdict according to the evidence presented in the courtroom.

They retired this afternoon for the fourth time and will reconvene in the morning. 

READ MORE: Brittany Higgins' credibility scrutinised in closing arguments

Brittany Higgins is back on the witness stand for cross-examination.

On Friday, McCallum reminded them Lehrmann was presumed innocent and it was up to the prosecution to prove his guilt beyond a reasonable doubt.

Higgins alleges Lehrmann raped her inside a ministerial office in Parliament House following a night out drinking with colleagues. He denies any sexual interaction happened.

In his closing argument, prosecutor Shane Drumgold urged the jury to disregard discussions of political movements and workplace cultures sparked by the case.

He said the case was not about the culture inside Parliament House or the Me Too movement but about what happened on a couch inside a minister's office in the early hours of Saturday, March 23, 2019.

Drumgold said Higgins had been a credible and honest witness whose version of events that night had not wavered.

READ MORE: Linda Reynolds denies trying to interfere in Bruce Lehrmann trial

Meanwhile, he said Lehrmann had given inconsistent accounts about why he was at parliament on the night of the alleged assault to the security guards, to his boss and to the police.

The prosecutor suggested Lehrmann's intent was to go to Parliament House so he could be alone with the "drunk" and "vulnerable" Higgins.

Lehrmann's defence lawyer Steven Whybrow told the court nothing happened that night and suggested Higgins had fabricated her account to save her job.

He said a closer look at her evidence made the prosecution's case against his client "totally untenable".

Whybrow pointed to inconsistencies in Higgins' story, including that she had told police and others she had attended doctor appointments after the alleged assault.

He suggested Higgins fabricated doctor appointments at the time to "make it more believable" that she had been sexually assaulted.

The jury must continue deliberations until it reaches a unanimous verdict.

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'Hundreds of properties' swallowed by floods as thousands evacuated

Floodwaters in New South Wales are expected to peak today, with thousands evacuated in one northern town.

Residents across Victoria, NSW and Queensland have been preparing for floodwaters to rise as already saturated catchments are inundated by the deluge.

Flood-weary residents in Lismore, in the NSW Northern Rivers, are breathing a sigh of relief as the Wilson River peaks well below levels seen in the devastating February disaster.

READ MORE: Property prices to drop by up to 20 per cent, secret RBA data shows

Floodwaters in Lismore in NSW.

Residents can stay across all NSW flood warnings here, Victoria here and Queensland here.

The river is currently sitting at six metres and is expected to peak at 7.8 metres around 8pm.

In the February floods, the river peaked at more than 14 metres.

Locals are relieved that the floodwaters are well below the previous emergency as the community is only just recovering.

"Everyone was nervous. Everyone was really scared and upset, when you hear the rain and you see predictions that huge, 300mm would have smashed us," Lismore resident Paul Cregan said.

Floodwaters in Lismore in NSW.

A moderate flood warning remains in place and is expected to impact parts of north and south Lismore.

Around NSW, 43 local government areas are declared natural disaster zones.

At Moree in the state's north, waters have spread across more than 100km of floodplains.

"We have a major flood emergency in full swing right across our state," Premier Dominic Perrottet said.

"We do expect rising floodwaters.

"In addition to that, we also expect flash flooding across New South Wales with further storms on the way."

Perrottet pledged support would be in place to aid communities wrecked by flooding.

NSW State Emergency Service and Australian Defence Force crews were doorknocking until 1am this morning to warn residents to leave and said they are pleased with how locals have responded to warnings.

"It is a show of the town of Lismore and the people's resilience to what is in front of them," NSW SES Simon Merrick said.

"They have taken the warnings well and it is pleasing to see that people are not driving into floodwater."

READ MORE: Desperate search for woman missing in NSW floodwaters

As of 5:30 am there were a staggering 142 flood warnings stretching across NSW.

Meanwhile, floodwaters have swallowed Moree, in the state's north, while residents in Byron Bay remain under a "Watch and Act" weather alert after the CBD was hit with flash flooding.

"Around 4000 people have been told to evacuate at some point over the past few days," Emergency Services Minister Steph Cooke said.

"Unfortunately hundreds of properties have been impacted by these floodwaters."

Several major roads remain closed around regional NSW due to flooding. Residents can stay across updates here.

Emergency Services Minister Steph Cooke said there's "literally a flood risk in every corner of the state."

"What we are currently experiencing is more flood threats in more communities and locations than at any other time this year," she said.

NSW SES volunteers along with ADF troops concluded their door knocking of North and South Lismore early this morningThere are 66 flood warnings current across Victoria.

More than a dozen flood warnings for Queensland

The bureau has a hazardous surf warning in place from Ballina all the way into the south east Queensland corner.

On the Gold Coast yesterday, beaches were closed as waves around two to three metres pounded the coast.

There are more than a dozen flood warnings in effect across Queensland with a major warning current for the Macintyre River, which has inundated the town of Goondiwindi.

A major peak up to 10.2 metres is expected early Monday afternoon.

Queensland authorities said there had been 167 requests for help, including a water rescue, so far this weekend.

Volatile weather system bears down on Australia's east coast

The "intense" system will travel southwards over the course of the week before finally reaching Tasmania on Friday, Weatherzone said.

"Rainfall totals around the northern parts of New South Wales over the next few days could reach between 140-200mm," Weatherzone said, explaining what the next few days will hold.

Accumulated rainfall totals to 11pm AEST Wednesday 26th October 2022.

"As the system reaches the southeast coast of NSW rainfalls will continue to be significant with a possibility of accumulated falls of 40mm to 160 mm over a 3-day period, with the heaviest falls likely to be along the coast.

"Victoria will not escape the heavy falls with potential rainfall totals between 50mm and 150 mm later in the week.

"Continuing down to Tasmania we will also see some significant rain where totals may reach between 40mm and 150 mm."

The weather service said a high pressure system will form over NSW "bringing some respite" over the weekend, however that will be short-lived.

Another low pressure system will move across southeast Australia early next week.

Senator 'more than willing' to face inquiry over relationship

Senator Lidia Thorpe will undergo an inquiry after referring herself to the Senate Committee of Privileges.

The Greens senator made the announcement days after it was revealed she not disclosed a past relationship with an ex-bikie boss.

"I have decided to write to the President of the Senate today requesting a referral of myself to the Senate Committee of Privileges," Thorpe said.

READ MORE: Three states in the eye of a colossal storm

"The Greens party room backed my decision today.

"I am more than willing to participate in any inquiry.

"I am proud of my work for First Nations justice and I won't stop fighting for my people.

"As required by the Standing Orders I will not be making any further comment in relation to the referral until the President has concluded consideration of the matter."

READ MORE: Home prices to crash 20 per cent, secret RBA data shows

Thorpe resigned as Deputy Senate Leader of the Greens last week.

During the time of her relationship with former Rebels president Dean Martin, Thorpe was a joint parliamentary law enforcement committee.

There is no suggestion Thorpe has shared any confidential information with anybody who is not authorised to receive it.

Man dies after being struck by lightning in South Australia

An Adelaide man has died after being struck by lightning in South Australia's Riverland.

The tragedy unfolded near the town of Morgan, about two hours north-east of Adelaide, where it's believed the man and his brother were camping.

The 29-year-old man, from Paralowie in Adelaide was struck in Eba about 10 kilometres east of Morgan at about 5pm on Saturday night.

READ MORE: Three states in the eye of a colossal storm

The tragedy unfolded near the town of Morgan, around two hours north east of Adelaide.

He died at the scene. His brother had been standing only metres away.

Farmer David Modistach said it was an intense storm.

"We haven't had storms like that here for years and it was good to see, but there was a lot of lightning and thunder," he told 9News.

READ MORE: Home prices to crash 20 per cent, secret RBA data shows

An Adelaide man has died after being struck by lightning in South Australia's Riverland.The tragedy unfolded near the town of Morgan, where it's believed the man and his brother were camping.An Adelaide man has died after being struck by lightning in South Australia's Riverland. Locals say the storms were intense.

"You're pretty unlucky to be hit.

The conditions here were so bad at the time of the lightning strike, one of the ambulances called to the emergency became bogged on its way in.

Riverland locals and visitors were stunned by the man's death.

READ MORE: Lightning strike survivor's arm tingles when a storm is coming

Tourist Trevor Monti called it a "terrible tragedy".

"It would be very difficult for his family and those around him," Monti said.

READ MORE: Young paddler thrown into sea as shark bites surf ski