Content tagged with Law and legislation

"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

Since the Native Title Act 1993 (Cth) amendments, the National Native Title Tribunal continues to perform its core functions, however Native...

Publication or resource - 13 Feb 2015

Western Australia v Ward on Behalf of Miriuwung Gajerrong, High Court of Australia, 8 August 2002: Summary of Judgement

On 8 August 2002, the High Court handed down its decision on Western Australia v Ward & Ors, relating to the Native Title claim by the...

Publication or resource - 11 Feb 2015

Diaspora, materialism, tradition: Anthropological issues in the recent High Court appeal of the Yorta Yorta

In this paper, Dr Weiner inspects some of the appeals made to tradition and continuity of tradition in the High Court appeal of the Yorta Yorta...

Publication or resource - 11 Feb 2015

Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 (12 December 2002) - Comment

It has been suggested that the interpretation of the requirements of proof applied in Yorta Yorta v Victoria may lead to discriminatory...

Publication or resource - 6 Feb 2015

Indigenous Pueblo culture and tradition in the justice system: Maintaining Indigenous language, thought and law in judicial review

In this paper Christine Zuni Cruz considers several issues that have emerged from her personal experience working as an Associate Justice on the...

Publication or resource - 6 Feb 2015

Beyond Yorta Yorta (Based on a paper prepared for the AIATSIS Native Title Conference Alice Springs ­June 2003)

In this paper John Basten focuses on the nature and extent of recognition of Native Title in Australia. Despite the title, it is not limited to a...

Publication or resource - 6 Feb 2015

An anthropological perspective on writing for the court

Native Title is a relatively recent, complex legal process that raises particular issues for anthropologists working within it. Katie Glaskin...

Publication or resource - 6 Feb 2015

The recognition level of the native title claim group: A legal and policy perspective

Under the amended Native Title Act 1993 (NTA), a Native Title determination application to land and/or waters may be made by a person or persons on...

Publication or resource - 6 Feb 2015

Authorisation and replacement of applicants: Bolton v WA [2004] FCA 760

During the mid-2000s, the South West Aboriginal Land and Sea Council worked with Noongar native title applicants to rationalise claims in...

Publication or resource - 6 Feb 2015

Native title-holding groups and Native Title societies: Sampi v Western Australia

In 1995 the Bardi Jawi people of the Dampier Peninsula and Buccaneer Archipelago, north-east of Broome in the Kimberley region of Western Australia,...

Publication or resource - 5 Feb 2015

Native Title in Canada and Australia post Tsilhqot'in: Shared thinking or ships in the night?

The Canadian decision of Tsilhqot’in Nation v British Columbia (BC Supreme Court, 2007) was a significant step in the resolution of a long-running...

Publication or resource - 5 Feb 2015

Negotiation in good faith under the Native Title Act: A critical analysis

After briefly exploring the historical and ideological origins of the right to negotiate embodied in s31(1)(b) of the Native Title Act, this paper...

Publication or resource - 5 Feb 2015

The family connection when a charity is for the advancement of Indigenous Peoples: Australia and New Zealand compared

In both Australia and New Zealand various tax concessions are granted to entities that are considered ‘charitable’ or ‘charities’. For example, in...

Publication or resource - 5 Feb 2015

Housing on Native Title lands: responses to the housing amendments of the Native Title Act

In 2009, the Federal Government proposed to amend the Native Title Act 1993 (Cth) to expedite the provision of public housing and infrastructure for...

Publication or resource - 5 Feb 2015

The Limitations of Litigation in Stolen Generations Cases

The purpose of this Discussion Paper is to review the progress of litigation by members of the Stolen Generations before the courts in Australia. The...

Publication or resource - 4 Feb 2015

Holding title and managing land in Cape York: Two case studies

With a growing number of successful native title determinations under the Native Title Act 1993 (Cth) (NTA), attention is increasingly turning to the...

Publication or resource - 4 Feb 2015

Reconciling Indigenous Peoples' Sovereignty and State Sovereignty

The concept of ‘shared sovereignty’ is examined as a contribution to the debate on reconciliation with Indigenous peoples in Canada and Australia....

Publication or resource - 4 Feb 2015

Native Title Information Handbooks

The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title. The Handbooks...

Publication or resource - 2 Feb 2015

Compensation

Providing financial compensation for Indigenous people in native title claims is an increasingly important issue in Australia. The NTRU recognises...

Research project - 21 Jan 2015

Authorisation and applicant decision-making

The recognition of native title in Australia’s legal system has created a unique context for legal principles regarding decision-making, governance,...

Research project - 21 Jan 2015

Pages