Research issues and discussion papers
"Like something out of Kafka": The relationship between the roles of the National Native Title Tribunal and the Federal Court in the development of native title practice
The 1998 amendments to the Native Title Act reframed the role of the National Native Title Tribunal. Susan Phillips looks at this transfer of an entire area of developing law and legal practice from a new and specialised tribunal to the Federal Court
(Re)defining Indigenous Intangible Cultural Heritage
Indigenous knowledges cannot be broken down into components that are measurable, ownable and owned.
Aborigines and uranium: Monitoring the health hazards
This paper looks at one critical case study of an Aboriginal community living near a uranium mine and mill in the Kakadu region. It addresses issues raised in the draft report of the Uranium Mining, Processing and Nuclear Energy Review and offers a
Agreeing to terms: What is a ‘comprehensive’ agreement?
A discussion on the issues around Australian agreements due to disappointment with the processes and outcomes of Native Title litigation. It suggests there is value in a more comprehensive approach to making agreements between Indigenous peoples and
An anthropological perspective on writing for the court
An anthropological perspective on writing for the court, dealing in particular with expert reports that adhere to the Evidence Act (Cth) 1995 and the importance of anthropologists properly understanding Native Title law
Anthropology and applications for the recognition of Native Title
This paper examines the role of anthropology in relation to Native Title and how anthropologists can contribute to the process. It looks at the process, its demands and what anthropologists can offer as experts.
Anthropology and connection reports in Native Title claim applications
Dr Julie Finlayson considers three essential questions for anyone involved with Native Title: What is a connection report and what is its purpose? What anthropological considerations impact on connection reports? What are the emerging issues with
ATSIC: Origins and Issues for the Future. A Critical Review of Public Domain Research and Other Materials
A review of the Aboriginal and Torres Strait Islander Commission (ATSIC). Topics include its origins, public and political statements, public policy and research relevant to ATSIC.
Authorisation and replacement of applicants: Bolton v WA  FCA 760
In this forensic look at the law governing named applicants in Native Title cases, Dr Strelein examines the decision in Bolton v WA  FCA 260 against a backdrop of similar cases.