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Native title Issues Papers

Land, Rights, Laws: Issues of Native Title

Land, Rights, Laws: Issues of Native Title is a multi-disciplinary series of research papers that analyse emerging issues in native title research in a condensed and accessible short form. The series allows practitioners and researchers to provide arguments in the context of well-defined subject areas and research methods. Papers are anonymously peer-reviewed by at least two independent experts and are generally between 3500 and 7000 words in length.

For more information, to subscribe to the Issues Paper series or to submit your completed paper please contact the NTRU.

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Volume 6 | Volume 5 | Volume 4 | Volume 3 | Volume 2 | Volume 1 | Regional Agreements Issues papers

Volume 6


Paper Title



Black and green revisited - Understanding the relationship between Indigenous and environmental political formations

David Ritter

Volume 6, Number 2, November 2014 PDF picture

In the native title 'hot tub': expert conferences and concurrent expert evidence in native title

Vance Hughston SC & Tina Jowett

Volume 6, Number 1, August 2014 PDF picture

Volume 5


Paper Title



Re-evaluating Mabo: the case for native title reform to remove     discrimination and promote economic opportunity

Shireen Morris

Volume 5, Number 3, June 2012 PDF picture

Constitutional reform and its relationship with land justice

Sean Brennan

Volume 5, Number 2, October 2011 149K

Recognising Indigenous peoples in the Australian Constitution: What the Constitution should say and how the referendum can be won

George Williams

Volume 5, Number 1, September 2011 149Kb

Volume 4


Paper Title



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]

Marcelle Burns

Volume 4, Number 7, May 2011 166Kb

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

Claire Stacey &
Joe Fardin

Volume 4, Number 6, March 2011 123Kb

Written proof: the appropriation of genealogical records in contemporary Arrernte society

Rebecca Morgan &
Helen Wilmot

Volume 4, Number 5, October 2010 117Kb

The Family Connection when a Charity is for the Advancement of Indigenous Peoples: Australia and New Zealand compared

Fiona Martin &
Audrey Sharp

Volume 4, Number 4, November 2009  259Kb

Negotiation in Good Faith under the Native Title Act: A Critical Analysis

Sarah Burnside

Volume 4, Number 3, October 2009 266Kb

Native Title in Canada and Australia post Tsilhqot'in: Shared Thinking or Ships in the Night?

Simon Young

Volume 4, Number 2, August 2009 255Kb

Societies, Communities and Native Title

Kingsley Palmer

Volume 4, Number 1, August 2009 209Kb

Volume 3


Paper Title



Confessions of a Native Judge: Reflections on the Role of Transitional Justice in the Transformation of Indigeneity

Chief Judge Joe Williams

Volume 3, Number 14, June 2008  131Kb

Impacts and Opportunities of Climate Change: Indigenous Participation in Environmental Markets

Emily Gerrard

Volume 3, Number 13, April 2008 299Kb

Plus ca change, plus c’est la meme chose? - The 2007 Amendments to the Native Title Act

Justice Robert French

Volume 3, Number 12, February 2008  

Ethnographic evidence, rights and interests, and native title claim research

Lisa Corbellini

Volume 3, Number 11, September 2007

Reforming the Claims Resolution Process: Opportunities and Obstacles

Graeme Neate

Volume 3, Number 10, August 2007

Native Title and Governance: The Emerging Corporate Sector Prescribed for Native Title Holders

Jessica Weir

Volume 3, Number 9, July 2007

Jango: Payment of Compensation for the Extinguishment of Native Title

Tina Jowett &
Kevin Williams

Volume 3, Number 8, May 2007

Anthropology and Applications for the Recognition of Native Title

Kingsley Palmer

Volume 3, Noumber 7, March 2007

Waiting for Mary: Process and Practice Issues in Negotiating Native Title Indigenous Decision-making and Dispute Management Management Frameworks

Toni Bauman

Volume 3, Number 6, June 2006

Balancing the scales of Indigenous land justice in Victoria

Dr Wayne Atkinson

Volume 3, Number 5, March 2006

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

Lisa Strelein

Volume 3, Number 4, November 2005

White picket fence or Trojan horse? The debate over communal ownership of Indigenous land and individual wealth creation

Stuart Bradfield

Volume 3, Number 3, June 2005

Whose benefits? Whose rights? Negotiating rights and interests amongst Indigenous native title parties

Toni Bauman

Volume 3, Number 2, April/May 2005

Authorisation and Replacement of Applicants: Bolton v WA [2004] FCA 760


Dr Lisa Strelein

Volume 3, Number 1, June 2004

Volume 2

Paper Title



The Recognition Level of the Native Title Claim Group: A Legal and Policy Perspective

Daniel Lavery

Volume 2, Number 30, December 2004

An Anthropological Perspective on Writing for the Court

Katie Glaskin

Volume 2, Number 29, September 2004

Promoting Economic and Social Development through Native Title

The Aboriginal and Torres Strait Islander Social Justice Commissioner

Volume 2, Number 28, August 2004

Practical Reconciliation, Practical Re-Colonisation?

Professor John Borrows

Volume 2, Number 27, May 2004

Agreeing to Terms: What is a ‘Comprehensive’ Agreement?

Dr Stuart Bradfield

Volume 2, Number 26, March 2004

Native Title and Agreement Making in the Mining Industry: Focusing on Outcomes for Indigenous Peoples

Professor Ciaran O’Faircheallaigh

Volume 2, Number 25, Feburary, 2004

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

John Basten QC

Volume 2, Number 24, October 2003

Indigenous Pueblo Culture and Tradition in the Justice System: Maintaining Indigenous Language, Thought and Law in Judicial Review

Associate Professor Christine Zuni Cruze

Volume 2, Number 23, June 2003

‘Abandonment’ or Maintenance of Country? A Critical Examination of Mobility Patterns and Implications For Native Title

Dr Peter Veth

Volume 2, Number 22, April 2003

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

Dr Lisa Strelein

Volume 2, Number 21, February 2003

Negotiating Comprehensive Settlement of Native Title Issues: Building a New Scale of Justice in South Australia

Parry Agius, Jocelyn Davies, Ritchie Howitt &
Lesley Johns

Volume 2, Number 20, December 2002

Winning Native Title: The Experience of the Nharnuwangga, Wajarri and Ngarla People

Pastoral Access Protocols: The Corrosion of Native Title by Contract

Michelle Riley

Frances Flanagan

Volume 2, Number 19, November 2002

Diaspora, Materialism, Tradition: Anthropological Issues in the Recent High Court Appeal of the Yorta Yorta

Dr James F. Weiner

Volume 2, Number 18, October 2002

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

Dr Lisa Strelein

Volume 2, Number 17, August 2002

The International Concept of Equality of Interest in the Sea as it Affects the Conservation of the environment and Indigenous Interests

The Hon Sir Anthony Mason AC KBA

Volume 2, Number 16, June 2002

Preserving Culture in Federal Court Proceedings: Gender Restrictions and Anthropological Experts

Greg McIntyre &
Geoffrey Bagshaw

Volume 2, Number 15, May 2002

"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

Susan Phillips

Volume 2, Number 14, April 2002

Recent Developments in Native Title Law and Practice: Issues for the High Court

John Basten QC

Volume 2, Number 13, February 2002

The Beginning of Certainty: Consent Determinations of Native Title

Paul Sheiner

Volume 2, Number 12, November 2001

Expert Witness or Advocate? Emerging Issues and Future Directions

Bruce Shaw

Volume 2, Number 11, October 2001

Review of Conference: Emerging Issues and Future Directions

Graeme Neate

Volume 2, Number 10, October 2001

Anthropology and Connection Reports in Native Title Claim Applications

Dr Julie Finlayson

Volume 2, Number 9, August 2001

Economic Issues in Valuation of and Compensation for Loss of Native Title Rights

David Campbell

Volume 2, Number 8, October 2000

The Content of Native Title: Questions for the Miriuwung Gajerrong Appeal

Gary D Meyers

Volume 2, Number 7, November 2000

Local and ‘Diaspora’ Connections to Country and Kin in Central Cape York Peninsula

Benjamin Richard Smith

Volume 2, Number 6, September 2000

Limitations to the Recognition and Protection Native Title Offshore: The Current "Accident of History

Katie Glaskin

Volume 2, Number 5, June 2000

Bargaining on More than Good Will: Recognising a Fiduciary Obligation in Native Title

Larissa Behrendt

Volume 2, Number 4, September 1999

Historical Narrative and Proof of Native Title

Christine Choo &
Margaret O'Connell

Volume 2, Number 3, September 1999

Claimant Group Descriptions: Beyond the Strictures of the Registration Test

Jocelyn Grace

Volume 2, Number 2, September 1999

The Contractual Status of Indigenous Land Use Agreements


Lee Godden &
Shaunnagh Dorsett

Volume 2, Number 1, September 1999

Volume 1


Paper Title



Building the Perfect Beast: Native Title Lawyers and the Practise of Native Title Lawyering

David Ritter &
Merrilee Garnett

Volume 1, Number 30, September 1999

The Compatibility of the Amended Native Title Act 1993 (Cth) with the United Nations Convention on the Elimination of All Forms of Racial Discrimination

Darren Dick &
Margaret Donaldson

Volume 1, Number 29, August 1999

Cultural Continuity and Native Title Claims

Ian Keen

Volume 1, Number 28, July 1999

Extinguishment and the Nature of Native Title, Fejo v Northern Territory

Lisa Strelein

Volume 1, Number 27, February 1999

Engineering Unworkability: The Western Australian State Government and the Right to Negotiate

Anne De Soyza

Volume 1, Number 26, October 1998

Compulsory Acquisition and the Right to Negotiate

Neil Löfgren

Volume 1, Number 25, September 1998

The Origin of the Protection of Aboriginal Rights in South Australian Pastoral Leases

Robert Foster

Volume 1, Number 24, August 1998

"This Earth has an Aboriginal Culture Inside" Recognising the Cultural Value of Country

Kado Muir

Volume 1, Number 23, July 1998

'Beliefs, Feelings and Justice' Delgamuukw V British Colombia. A Judicial Consideration of Indigenous Peoples' Rights in Canada

Lisa Strelein

Volume 1, Number 22, April 1998

A New Way of Compensating: Maintenance of Culture through Agreement

Michael Lavarch &
Allison Riding

Volume 1, Number 21, April 1998

Compensation for Native Title: Land Rights Lessons for an Effective and Fair Regime

J.C. Altman

Volume 1, Number 20, April 1998

The Implications of the Proposed Amendments to the Native Title Act

Tamara Kamien

Volume 1, Number 19, November 1997

The Proof of Continuity of Native Title (An anthropological perspective and an historical perspective)

Julie Finlayson &
Ann Curthoys

Volume 1, Number 18, June 1997

Regional Agreements in Australia: An Overview

Patrick Sullivan

Volume 1, Number 17, April 1997

Racial Non-Discrimination Standards and Proposed Amendments to the Native Title Act

Jennifer Clarke

Volume 1, Number 16, April 1997

Neither Justice nor Workability: the Proposed Amendments to the Right to Negotiate

Liz Keith

Volume 1, Number 15, April 1997

Lighting the Wik of Change

by Mark Love

Volume 1, Number 14, March 1997

WIK - the way forward

Rick Farley

Volume 1, Number 13, February 1997

Co-existence of Interests in Land: A Dominant Feature of the Common Law

Maureen Tehan

Volume 1, Number 12, January 1997

Raising Finance on Native Title and other Aboriginal Land

Joe Nagy

Volume 1, Number 11, August 1996

Native Title and Intellectual Property

David H Bennett

Volume 1, Number 10, April 1996

The Requirements to be Met by Claimants in Applications for a Determination of Native Title

George Irving

Volume 1, Number 9, February 1996

Funding Aboriginal and Torres Strait Islander Representative Bodies under the Native Title Act 1993

Jon Altman &
Dianne Smith

Volume 1, Number 8, April 1995

Conflict in Native Title Claims

Mary Edmunds

Volume 1, Number 7, February 1995

Women and Land Claims

Deborah B Rose

Volume 1, Number 6, January 1995

Exclusions Under S26(3) and (4) of the Native Title Act 1993 from the Right to Negotiate

Patrick Sullivan

Volume 1, Number 5, November 1994

Some Thoughts on a Proposal to Amend the Native Title Act 1993

Michael Maurice QC

Volume 1, Number 4, November 1994

Land and Indigenous Health

Barbara Flick &
Brendan Nelson

Volume 1, Number 3, October 1994

Native Title Corporations

James S Fingleton

Volume 1, Number 2, July 1994

Pastoral Leases, Mabo and the Native Title Act 1993

Pastoral Leases, Reservations and Native Title

Frank Brennan SJ

Justice R S French

Volume 1, Number 1, April 1994


Regional Agreeements Issues papers

Paper Title

Indigenous Land Use Agreements: New Opportunities and Challenges under the Amended Native Title Act

D.E. Smith

Number 7, 1998 48kb

The Yandicoogina Process: A Model for Negotiating Land Use Agreements

Clive Senior

Number 6, 1998 43Kb

Process, Politics and Regional Agreements

Ciaran O'Faircheallaigh

Number 5, 1998 56Kb

The Emperor has no Clothes: Canadian Comprehensive Claims and their Relevance to Australia

Michele Ivanitz

Number 4, 1997 60Kb

The Other Side of the Table: Corporate Culture and Negotiating with Resource Companies

Richie Howitt

Number 3, 1997 42Kb

Local and Regional Agreements

Justice Robert French

Number 2, 1997 29Kb

Regional Agreements in Australia: An Overview

Patrick Sullivan

Number 1, 1997 49Kb