Content tagged with Law

Annotated case list

This annotated Case List  is taken from Strelein, L. 2009. Compromised Jurisprudence: native title cases since Mabo, ...

Publication or resource - 26 Feb 2015

Knowledge management, law and native title

This report forms Appendix 2 to the Interim Report of the Pilot NTRB Knowledge Management Project.

Publication or resource - 22 Feb 2015

Australian Aboriginal Studies: Issue 2, 2004

Abstracts for Issue 2, 2004 Return of the 'noble savage': misrepresenting the past, present and future M. J. Rowland The view that a ‘noble...

Publication or resource - 16 Feb 2015

Preserving culture in federal court proceedings: Gender restrictions and anthropological experts

Gender-based secrecy within the religious domain is an integral feature of most Australian Aboriginal societies. Within the context of Native...

Publication or resource - 13 Feb 2015

Confessions of a native judge: Reflections on the role of transitional justice in the transformation of indigeneity

Chief Judge Joe Williams, appointed to the Maori Land Court in 1999, talks about transitional justice and reflects on what is common in the...

Publication or resource - 13 Feb 2015

Negotiating comprehensive settlement of Native Title issues: Building a new scale of justice in South Australia

This paper discusses the statewide framework agreement process in South Australia from its inception in 2000. The framework agreement process...

Publication or resource - 11 Feb 2015

Agreeing to terms: What is a ‘comprehensive’ agreement?

Disappointment with both the process and outcomes of Native Title litigation has led to an increased emphasis on agreement making, including ‘...

Publication or resource - 6 Feb 2015

Arresting incarceration

Aboriginal Australians are nearly 18 times more likely than non-Aboriginal Australians to end up in prison. This is six times larger than the...

News - 6 Feb 2015

Societies, communities and Native Title

In this paper, anthropologist Kinglsey Palmer examines the use and meaning of the terms ‘community’ and ‘society’ in Native Title cases....

Publication or resource - 5 Feb 2015

Challenging the assumptions of positivism: An analysis of the concept of society in Sampi on behalf of the Bardi and Jawi People v Western Australia [2010] and Bodney v Bennell [2008]

The requirement to prove a society united by a body of law and customs to establish Native Title rights has been identified as a major hurdle to...

Publication or resource - 5 Feb 2015

Constitutional reform and its relationship with land justice

While many key legal settings for Native Title are already in place, recent history tells us that important legislative and judicial choices about...

Publication or resource - 5 Feb 2015

In the Native Title 'hot tub': expert conferences and concurrent expert evidence in Native Title

In the Native Title ‘hot tub’ outlines the history and development of expert conferencing and expert concurrent evidence in Australia,...

Publication or resource - 5 Feb 2015

What’s needed to prove native title? Finding flexibility within the law on connection

Throughout Australia, native title claims are resolved primarily through negotiated consent determinations rather than contested litigation.1...

Publication or resource - 2 Feb 2015

Compromised jurisprudence: Native title cases since Mabo (Second edition)

Summary Native title has dramatically altered the law and public policy in Australia. It has had a fundamental impact on social relations between...

Publication or resource - 28 Jan 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

Compromised jurisprudence: Native title cases since Mabo (Second edition)

Summary Compromised Jurisprudence has established itself as a well-priced and accessible introduction to the subject. Native title has...

Publication or resource - 3 Dec 2014

One Law for All? Aboriginal people and criminal law in early South Australia

Summary In the planned colony of South Australia, Aboriginal people were to be British subjects, accountable to English law, but fully entitled to...

Publication or resource - 3 Dec 2014

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