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Law
Native Title Jurisprudence
This project involves the monitoring and analysis of native title jurisprudence including the publication of detailed case notes and engagement with legislative review and reform processes.
Various publications and resources have come out of the research, including:
- Strelein, L. 2009. Compromised Jurisprudence: native title cases since Mabo, 2nd Ed. Aboriginal Studies Press: Canberra.
- Annotated Case List
54Kb from Strelein, L. 2009. Compromised Jurisprudence: native title cases since Mabo, 2nd Ed. Aboriginal Studies Press: Canberra.
This list provides a brief summary of the key findings and precedential value of the most significant native title cases. This is an update of the list from 31 December 2005 – 30 June 2007. The list aims to be comprehensive but not exhaustive. The cases are arranged according to the year in which the case was decided, and then by alphabetical order. Where cases have been appealed reference is made to the final appeal and readers should refer to the final appeal entry for the final result. There are also hyperlinks to relevant judgments.
See also case summaries:
- De Rose v State of South Australia 55Kb
- Fejo v Northern Territory 18Kb
- Griffiths v Minister for Lands Planning and Environment [2008] HCA (15 May 2008) 35Kb
- Jango v Northern Territory 103Kb
- Mabo v Queensland 76Kb
- Risk v Northern Territory 41Kb
- Western Australia v Ward (Miriuwung-Gajerrong) 27Kb
- Wik Peoples v Queensland 78Kb
- Yarmirr v Northern Territory (Croker Island Case) 21Kb
- Yorta Yorta v Victoria 25Kb
The Native Title Research Unit has a number of other legal resources. See also:
- Case Summaries in What's New (a monthly summary of native title information) and the NTRU Native Title Newsletter.
- The Native Title Issues Papers section of the website.