Category: Indigenous Legal Issues (page 1 of 2)

Timber Creek and Australia’s Second Chance to Grasp the Opportunity of Mabo

BY SEAN BRENNAN

With the handing down of the High Court appeal decision in Northern Territory v Griffiths on 13 March, the Ngaliwurru and Nungali peoples came to the end of a long road. They began court action 20 years … Read the rest “Timber Creek and Australia’s Second Chance to Grasp the Opportunity of Mabo”

Where to Next? Native Title Compensation following Timber Creek

BY AARON MOSS AND WILLIAM ISDALE

In Griffiths v Northern Territory [2019] HCA 7 (Timber Creek), the High Court delivered its first judgment regarding the compensation provisions in Part 2 of the Native Title Act 1993 (Cth) (the … Read the rest “Where to Next? Native Title Compensation following Timber Creek”

The Deportation of an Aboriginal Man Frustrated: Hands v Minister for Immigration and Border Protection

BY JAMES BARRETT

Notoriously, Aboriginal people have been forced to live by Australian law. Surprisingly, Australian law may force Aboriginal people out of Australia.

Such is the predicament of Mr Justin Hands, an adopted member of the Aboriginal community at … Read the rest “The Deportation of an Aboriginal Man Frustrated: Hands v Minister for Immigration and Border Protection”

Commercial native title rights in 2018: a belated new dawn

BY PATRICK McCABE

2018 saw a potentially important development in Australian native title law that has been emerging since 2013 move towards maturity. That development is the recognition of commercial native title rights in native title determinations. It is a … Read the rest “Commercial native title rights in 2018: a belated new dawn”

A Referendum on the First Nations Voice to Parliament is a National Priority

 BY TEELA REID

Labor has promised to uphold its commitment to enshrine a First Nations Voice to Parliament as a matter of priority. This means Bill Shorten has the opportunity to redefine a nation that so desperately needs leadership. Despite … Read the rest “A Referendum on the First Nations Voice to Parliament is a National Priority”

Another Stop on the Road to Meaningful Constitutional Recognition

BY GABRIELLE APPLEBY

Two significant developments emerged this week on the road towards meaningful constitutional recognition for Aboriginal and Torres Strait Islander peoples.

The first was an announcement on Tuesday by Opposition Leader Bill Shorten together with Labor’s three Aboriginal … Read the rest “Another Stop on the Road to Meaningful Constitutional Recognition”

The Noongar Settlement: Two Lessons for Treaty Making in Australia

BY HARRY HOBBS

On 17 October 2018, Australia’s largest native title settlement moved a step towards implementation, when the Native Title Registrar accepted the Noongar Settlement for registration in the Native Title Register. The culmination of many years of … Read the rest “The Noongar Settlement: Two Lessons for Treaty Making in Australia”

The Northern Territory Court of Appeal Goes Off the Beaten Track

BY CHRIS RONALDS SC AND CRAIG LONGMAN

In the recent decision of Munkara v Bencsevich & Ors, the Northern Territory Court of Appeal appears to have adopted an interpretation of s 10 of the Racial Discrimination Act 1975 (Cth)Read the rest “The Northern Territory Court of Appeal Goes Off the Beaten Track”

Australia’s First Treaty

BY HARRY HOBBS AND GEORGE WILLIAMS

Last month, the Victorian government introduced a bill into Parliament that would create a legislative basis for negotiating a treaty with Aboriginal people in the state. The bill would establish an Aboriginal representative body … Read the rest “Australia’s First Treaty”

Legislation as a Method of Constitutional Reform: An Alternative to Formal Amendment?

BY LAEL K WEIS

A striking feature of current debates about constitutional reform in Australia is the evident interest in exploring legislative alternatives to formal amendment. Although this may be explained by the historically low success rate of referendums, the Read the rest “Legislation as a Method of Constitutional Reform: An Alternative to Formal Amendment?”

Older posts

© 2019 AUSPUBLAW

Theme by Anders NorenUp ↑