Australian Native Title Law

Author : Stephen Lloyd,Melissa Perry
Publisher : Unknown
Page : 1242 pages
File Size : 44,6 Mb
Release : 2018-03-14
Category : Aboriginal Australians
ISBN : 0455228841

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Australian Native Title Law by Stephen Lloyd,Melissa Perry Pdf

Australian Native Title Law Second Edition annotates the Native Title Act 1993 (Cth) and analyses the common law principles applicable to native title. It explains the essential concepts and principles which underpin it, including relevant principles of constitutional, property and discrimination law, referencing a range of relevant authority and materials. The First Edition published in 2004 and was comprised of introductory explanatory chapters followed by a detailed annotation to the Native Title Act 1993 (Cth) and extensive reforms made in 1998 in light of the Wik decision. Since that time, some 27 amending Acts have come into force. The much-awaited Second Edition builds upon these foundations by bringing the Act up-to-date and providing detailed commentary on the more important of these amendments, in particular the Native Title Amendment Act 2007, the Native Title Amendment (Technical Amendments) Act 2007 and the Native Title Amendment Act 2009. The book now draws upon over 1,000 cases, including leading recent High Court decisions such as Queensland v Congoo (2015), Western Australia v Brown (2014), Karpany v Dietman (2013), and Akiba v Commonwealth (2013). Significant contributions from leading practitioners in the field are included, with a new section addressing proof of native title. Both new and experienced practitioners, decisions-makers, academics and students alike will find Australian Native Title Law Second Edition of invaluable assistance.

Author : Kingsley Palmer
Publisher : ANU Press
Page : 297 pages
File Size : 42,9 Mb
Release : 2018-05-03
Category : Social Science
ISBN : 9781760461881

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Australian Native Title Anthropology by Kingsley Palmer Pdf

The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.

Author : Melissa Perry,Stephen Lloyd
Publisher : Sydney : Lawbook Company
Page : 1012 pages
File Size : 45,7 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063692490

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Australian Native Title Law by Melissa Perry,Stephen Lloyd Pdf

This quality text will undoubtedly prove to be a valuable addition to the library of any practitioner dealing with land transactions, or anyone working in the Native Title field. It covers both the annotated Native Title Act 1993 (post 1998 amendments) and an analysis of the common law principles applicable to Native Title.

Author : Justin Carter
Publisher : Unknown
Page : 128 pages
File Size : 41,8 Mb
Release : 2015
Category : Land reform
ISBN : 0455237549

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Native Title and Land Law by Justin Carter Pdf

Author : Simon Young
Publisher : Federation Press
Page : 534 pages
File Size : 41,9 Mb
Release : 2008
Category : History
ISBN : 1862876479

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The Trouble with Tradition by Simon Young Pdf

This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.

Author : Stefanie M. Bausch
Publisher : GRIN Verlag
Page : 29 pages
File Size : 53,5 Mb
Release : 2004-10-06
Category : Law
ISBN : 9783638312165

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The Extinguishment of Aboriginal Rights and Interests - A Comparative Study of Australian and Canadian Law by Stefanie M. Bausch Pdf

Seminar paper from the year 2004 in the subject Law - Miscellaneous, grade: Good, University of South Australia, course: Comparative Native Title: Australia and Canada, language: English, abstract: “Extinguished is a Latin word. Something is inflamed or on fire, and it is put out. Silenced. It means to blot out of existence. To totally do away with; to annihilate, cut off, bring to an end. To kill. The word is related to extinct. That which has ceased to burn or shine. Vanished. Without progressive succession. Having no living representative. There is a vast emptiness.” The forementioned statement is a quote from Leslie Hall Pinder, a lawyer who represented the claimants in the famous Canadian aboriginal land rights case of Delgamuukw v British Columbia . It is part of a speech Pinder delivered to the British Columbia Library Association Annual General Meeting in April 1991 after the judgment of first instance was handed down by Chief Justice McEachern. The quote introduces the reader to extinguishment, especially the extinguishment of aboriginal rights and interests and thus to the topic of this research paper. This essay concentrates on two countries: Australia and Canada, and compares their law in relation to extinguishment of aboriginal rights and interests. First, it examines how these two countries approach the subject. Then, the paper draws a conclusion as to the question of similarities and differences between Australian and Canadian law.

Author : Richard H. Bartlett,Gary D. Meyers
Publisher : Centre for Commercial and Resources Law
Page : 317 pages
File Size : 54,8 Mb
Release : 1994-01-01
Category : Aboriginal Australians
ISBN : 0864223536

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Native Title Legislation in Australia by Richard H. Bartlett,Gary D. Meyers Pdf

Papers on the conflict between Commonwealth and State native title legislation and on the validity of the state acts especially the Western Australian Land (Title and Traditional Usage) Act; discusses the implications of the various acts for Aboriginal people and industry; regional agreements seen as future solution; papers entered separately.

Author : Louis A. Knafla,Haijo Westra
Publisher : UBC Press
Page : 280 pages
File Size : 50,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780774859295

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Aboriginal Title and Indigenous Peoples by Louis A. Knafla,Haijo Westra Pdf

Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.

Author : Nick Duff
Publisher : AIATSIS Research Publications
Page : 254 pages
File Size : 49,7 Mb
Release : 2017-02-07
Category : Aboriginal Australians
ISBN : 192210261X

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Authorisation and Decision-making in Native Title by Nick Duff Pdf

Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge. Authorisation law is a set of principles about how the views and intentions of native title claimants or holders are translated into legally effective decisions. This book sets out the legal rules and their application in various situations: native title claims, native title agreement-making, decision-making by native title corporations, and compensation applications. It also addresses key practical, ethical and political dimensions of native title decision-making. This book will be useful for native title practitioners including lawyers, judges and native title holders. It will also be relevant to academic research into the ethical, political and anthropological dimensions of Indigenous governance.

Author : Katie Glaskin
Publisher : Apollo Books
Page : 308 pages
File Size : 46,7 Mb
Release : 2017
Category : History
ISBN : 1742589448

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Crosscurrents by Katie Glaskin Pdf

Law's metaphysics -- When whiteman came in -- Mission days -- A land and sea claim -- The ethnographic archive -- In the court -- Legal submissions and crosscurrents -- How judgments are made -- Society and sea on appeal -- Recognitions's paradox

Author : Richard H. Bartlett
Publisher : Butterworth-Heinemann
Page : 644 pages
File Size : 54,9 Mb
Release : 2000
Category : History
ISBN : UOM:39015041639900

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Native Title in Australia by Richard H. Bartlett Pdf

Author : Anonim
Publisher : Aust. Bureau of Statistics
Page : 740 pages
File Size : 41,5 Mb
Release : 1994
Category : Australia
ISBN : 8210379456XXX

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Year Book Australia 1995 by Anonim Pdf

Author : Lisa Strelein
Publisher : Aboriginal Studies Press
Page : 274 pages
File Size : 45,8 Mb
Release : 2009
Category : Law
ISBN : 9780855756635

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Compromised Jurisprudence by Lisa Strelein Pdf

First edition published in 2006.

Author : Edward George Wensing,Ed Wensing
Publisher : Unknown
Page : 64 pages
File Size : 49,9 Mb
Release : 1999
Category : Aboriginal Australians
ISBN : UOM:39015036375080

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Comparing Native Title and Anglo-Australian Land Law by Edward George Wensing,Ed Wensing Pdf

Discusses two sets of rights and interests in land and waters and develops a framework for their comparison at three different levels; environmental, customary and legal; examines factors that influence these rights and interests.

Author : Christopher J. F. Boge
Publisher : Unknown
Page : 136 pages
File Size : 47,7 Mb
Release : 2001
Category : Law
ISBN : OSU:32437121827741

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Justice for All? by Christopher J. F. Boge Pdf

Papers examine discrete and contemporary issues in native title law; higlights difficulties in competing Indigenous and non Indigenous interests; shortfall in common law solutions; papers annotated separately.