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In the first decision of its type from a Superior Court, Justice Smith has today (14 June 2019) held that a compensation agreement made under the Native Title Act 1993 (Cth) with a native title claim group who, subsequent to their entry into the contract, had their claim dismissed is not enforceable, and was frustrated from the point at which the claim was dismissed. This was so notwithstanding that a “trustee” company was incorporated and was party to the native title agreements in question.