Australian Native Title Law

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Publisher :
ISBN 13 : 9780455228846
Total Pages : 1242 pages
Book Rating : 4.2/5 (288 download)

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Book Synopsis Australian Native Title Law by : Stephen Lloyd

Download or read book Australian Native Title Law written by Stephen Lloyd and published by . This book was released on 2018-03-14 with total page 1242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

'Against Native Title'

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Publisher :
ISBN 13 : 9781925302080
Total Pages : 243 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis 'Against Native Title' by : Eve Vincent

Download or read book 'Against Native Title' written by Eve Vincent and published by . This book was released on 2017 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - University of Sydney, Department of Anthropology, 2013) issued under title: Forces of destruction, acts of creation: aboriginality, identity and native title, on the far west coast of South Australia.

Authorisation and Decision-making in Native Title

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Publisher : AIATSIS Research Publications
ISBN 13 : 9781922102614
Total Pages : 254 pages
Book Rating : 4.1/5 (26 download)

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Book Synopsis Authorisation and Decision-making in Native Title by : Nick Duff

Download or read book Authorisation and Decision-making in Native Title written by Nick Duff and published by AIATSIS Research Publications. This book was released on 2017-02-07 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Contesting Native Title

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Publisher : Routledge
ISBN 13 : 1000256669
Total Pages : 189 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Contesting Native Title by : David Ritter

Download or read book Contesting Native Title written by David Ritter and published by Routledge. This book was released on 2020-08-26 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book debunks in spectacular fashion some of the most treasured, over-inflated claims of the benefits of native title.' Professor Mick Dodson, ANU Centre for Indigenous Studies 'David Ritter's fascinating account of the evolution of the native title system is elegant and incisive, scholarly and sceptical; above all, unfailingly intelligent.' Professor Robert Manne, La Trobe University 'An unsentimental, richly informed account of a fascinating period in the history of Australia's relationships with its indigenous people.' From the Foreword by Chief Justice Robert French After the historic Mabo judgement in 1992, Aboriginal communities had high hopes of obtaining land rights around Australia. What followed is a dramatic story of hard-fought contests over land, resources, money and power, yielding many frustrations and mixed outcomes. Based on extensive research, enriched by intimate experience as a lawyer and negotiator, David Ritter offers both an insider's perspective and a cool-headed and broad-ranging account of the native title system. In lucid prose Ritter examines the contributions of the players that contested and adjudicated native title: Aboriginal leaders and their communities, multinational resource companies, pastoralists, courts and tribunals, politicians and bureaucrats. His account lays bare the conflicts, compromises and conceits beneath the surface of the native title process.

Indigenous Dispute Resolution and Conflict Management

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Publisher :
ISBN 13 : 9780642211729
Total Pages : 24 pages
Book Rating : 4.2/5 (117 download)

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Book Synopsis Indigenous Dispute Resolution and Conflict Management by :

Download or read book Indigenous Dispute Resolution and Conflict Management written by and published by . This book was released on 2006 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Overturning Aqua Nullius

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Publisher :
ISBN 13 : 9781922059093
Total Pages : 0 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Overturning Aqua Nullius by : Virginia Marshall

Download or read book Overturning Aqua Nullius written by Virginia Marshall and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.

The Aiatsis Map of Indigenous Australia

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Publisher :
ISBN 13 : 9781922059697
Total Pages : pages
Book Rating : 4.0/5 (596 download)

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Book Synopsis The Aiatsis Map of Indigenous Australia by : David Horton

Download or read book The Aiatsis Map of Indigenous Australia written by David Horton and published by . This book was released on 2016-05-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The highly popular AIATSIS map of Indigenous Australia is now available in a compact, portable A3 size. Available flat or folded (packaged in a handy cellophane bag ) it s the perfect take-home product for tourists and anyone interested in the diversity of our first nations peoples. The handy desk size also makes it an ideal resource for individual student use. For tens of thousands of years, the First Australians have occupied this continent as many different nations with diverse cultural relationships linking them to their own particular lands. The ancestral creative beings left languages on country, along with the first peoples and their cultures. More than 200 distinct languages, and countless dialects of them, were in use when European colonization began. While people in some communities continue to speak their own languages, many others are seeking to record and revive threatened ones. Aboriginal and Torres Strait Islander peoples retain their connection to their traditional lands regardless of where they live. Using published resources available from 1988-1994, the map represents the remarkable diversity of language or nation groups of the Aboriginal and Torres Strait Islander peoples of Australia. The map was produced before native title legislation and is not suitable for use in native title or other land claims."

Indigenous Water Rights in Law and Regulation

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Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

The Politics Of Suffering

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Publisher : Melbourne Univ. Publishing
ISBN 13 : 0522859356
Total Pages : 257 pages
Book Rating : 4.5/5 (228 download)

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Book Synopsis The Politics Of Suffering by : Peter Sutton

Download or read book The Politics Of Suffering written by Peter Sutton and published by Melbourne Univ. Publishing. This book was released on 2009-07-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Incandescent, emotional, tragic and challenging' - Marcia Langton In this groundbreaking book, Peter Sutton asks why, after three decades of liberal thinking, has the suffering and grief in so many Aboriginal communities become worse? The picture Sutton presents is tragic. He marshals shocking evidence against the failures of the past, and argues provocatively that three decades of liberal consensus on Aboriginal issues has collapsed. Sutton is a leading Australian anthropologist who has lived and worked closely with Aboriginal communities. He combines clear-eyed, original observation with deep emotional engagement. The Politics of Suffering cuts through the cant and offers fresh insight and hope for a new era in Indigenous politics.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Great Land Grab

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Publisher :
ISBN 13 : 9781864470314
Total Pages : 141 pages
Book Rating : 4.4/5 (73 download)

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Book Synopsis The Great Land Grab by : Michael Bachelard

Download or read book The Great Land Grab written by Michael Bachelard and published by . This book was released on 1997 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the facts of why the Wik and Mabo judgements of the High Court were so momentous, and why Labor passed the Native Title Act in response.

The Waitangi Tribunal

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Publisher : Bridget Williams Books
ISBN 13 : 1877242624
Total Pages : 367 pages
Book Rating : 4.8/5 (772 download)

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Book Synopsis The Waitangi Tribunal by : Janine Hayward

Download or read book The Waitangi Tribunal written by Janine Hayward and published by Bridget Williams Books. This book was released on 2016-09-26 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Waitangi Tribunal sits at the heart of the Treaty settlement process, with a unique remit to investigate claims and recommend settlements. But although the claims process has been hugely controversial, little has been written about the Tribunal itself. These essays, by leading academics, lawyers and researchers, successfully fill that gap, examining the Tribunal’s role in reshaping Māori identity and society, the Tribunal’s future mission, and its contribution to ideas of justice and reparation. This perceptive analysis of a key institution is vital reading for anyone seeking to understand Treaty settlements. Contributors: Paul Hamer Geoff Melvin Grant Phillipson Richard Boast Tom Bennion Stephanie Milroy Jacinta Ruru Deborah Edmunds John Dawson Richard Price Debra Fletcher Evan Te Ahu Poata-Smith Donna Hall Andrew Sharp

Comparative Perspectives on Communal Lands and Individual Ownership

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Publisher : Routledge
ISBN 13 : 1136946020
Total Pages : 417 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Comparative Perspectives on Communal Lands and Individual Ownership by : Lee Godden

Download or read book Comparative Perspectives on Communal Lands and Individual Ownership written by Lee Godden and published by Routledge. This book was released on 2010-02-26 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources.

Australian Native Title Anthropology

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Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Australian Native Title Anthropology by : Kingsley Palmer

Download or read book Australian Native Title Anthropology written by Kingsley Palmer and published by ANU Press. This book was released on 2018-05-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Lawyer’s Style Guide

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509936254
Total Pages : 965 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Lawyer’s Style Guide by : Peter Butt

Download or read book The Lawyer’s Style Guide written by Peter Butt and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 965 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarity and precision in legal writing are essential skills in the practice and study of law. This book offers a straightforward, practical guide to effective legal style from a world-leading expert. The book is thoughtfully structured to explain the elements of good legal writing and its most effective use. It catalogues all aspects of legal style, topic by topic, phrase by phrase, usage by usage. It scrutinises them all, suggesting improvements. Its 'dictionary' arrangement makes it easy to navigate. Entries cover matters such as abbreviations, acronyms, active and passive voice, brackets, bullet points, citation methods, cross-referencing, fonts, document design, footnotes, gender-neutral language, numbering systems, plain legal language, punctuation, the use of Latin in law, structures for legal advices and documents, and techniques for editing and proofreading. Also covered are many words and phrases that non-lawyers find opaque and obscure-the aim being to show that lawyers can usually substitute a plain-English equivalent that captures the legal nuances of the 'legalese'. Other topics include ambiguity, deeds, definitions, provisos, recitals, simplified outlines, terms of art, tone, and the various principles of legal interpretation. With an emphasis on technical effectiveness and understanding, the book is required reading for all those engaged in the practice and study of law.

Excel Preliminary Legal Studies

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Publisher : Pascal Press
ISBN 13 : 174020087X
Total Pages : 348 pages
Book Rating : 4.7/5 (42 download)

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Book Synopsis Excel Preliminary Legal Studies by : Belinda Brassil

Download or read book Excel Preliminary Legal Studies written by Belinda Brassil and published by Pascal Press. This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indigenous Peoples and the Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509942203
Total Pages : 448 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indigenous Peoples and the Law by : Benjamin J Richardson

Download or read book Indigenous Peoples and the Law written by Benjamin J Richardson and published by Bloomsbury Publishing. This book was released on 2009-03-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.