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• pt.
• 1. Background
• pt.
• 2. Nature of native title
• pt.
• 3. Extinguishment and validation
• pt.
• 4. Future dealings
• pt.
• 5. Right to negotiate, agreements and settlements, and compensation
• pt.
• 6. Fiduciary obligations
• pt.
• 7. Resource developments and traditional pursuits
• pt.
• 8. Institutions and jurisdiction
• pt.
• 9. Reflections on native title.

"Native Title in Australia, 4th edition is a comprehensive and authoritative work that provides the reader with an understanding of both the current operation of native title in Australia and its historical and political background and development. It covers the nature of the concept, its proof, content and extinguishment, explains the validation of past grants and acts and the limited degree of protection from future acts, examines compensation for native title, and discusses the application of native title principles to resource development and traditional pursuits. It considers both the common law and the Native Title Act 1993 (Cth). The fourth edition of this highly regarded work includes discussion on: the consistent recognition of exclusive possession, use and enjoyment; the impact of the compensation case, Griffiths (HCA -- 2019); the increasing use of consent determinations and the Noongar Native Title Settlement; the implications of BHP (FFC -- 2018) undermining the Native Title Act future act process; and the greater adherence to principles of equality by the courts, especially as to extinguishment. This book provides an ideal basis for both undergraduate and postgraduate study of native title and related indigenous issues, and is a reliable and informative source for practitioners, researchers and government bodies requiring current information in this area."

• Law's metaphysics
• When whitemen 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
• Recognition's paradox.

"It is one thing to know what the law says: it is another to try to understand what it means and how it is applied. When Indigenous relationships with a country are viewed through the lens of a Western property rights regime, this complexity is seriously magnified. [This book] traces the path of a native title claim in the Kimberley region of Western Australia (Sampi v. State of Western Australia) from its inception to resolution, contextualizing the claim in the web of historical events that shaped the claim's beginnings, its intersection with evolving case law, and the labyrinth of legal process, evidence and argument that ultimately shaped its end."-- Back cover.

• 1. Introduction: From land rights to land reform
• 2. Land Reform: Theory, Terminology and Concepts
• 3. Aboriginal Land in the Northern Territory
• 4. Communities on Aboriginal Land
• 5. Australian Debate about Land Reform and the New Political Consensus
• 6. The Reforms
• 7. Making Sense of the Reforms
• 8. Alternative Approaches?
• 9. Conclusion.
• (source: Nielsen Book Data)

Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.
(source: Nielsen Book Data)

• The idea of native title as a vehicle for change and indigenous empowerment / Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill
• The legal shortcomings of native title / Bret Walker
• A judge's reflections on native title / Paul Finn
• The significance of the Akiba Torres Strait Regional Sea claim case / Sean Brennan
• The right to resources and the right to trade / Lisa Strelein
• The inalienability of native title in Australia : a conclusion in search of rationale / David Yarrow
• The Mabo "vibe" and its many resonances in Australian property law / Brendan Edgeworth
• Dancing with strangers : native title and Australian understandins of race discrimination / Jonathon Hunyor
• Burgeoning indigenous land ownership : diverse values and stategic potentialities / Jon Altman and Francis Markham
• The relevance of statutory land rights to native title and empowerment / Andrew Chalk and Sean Brennan
• Native title, aboriginal self-government and economic participation / Ciaran O'Faircheallaigh
• Maximising the potential for empowerment : the sustainability of indigenous native title corporations / Marcia Langton
• Indigenous incorporation as a means to empowerment / Tim Rowse
• Ancestry and rights to country : the politics of social inclusion in native title negotiations / David Trigger
• Hernando de Soto and empowerment through land tenure reform / Leon Terrill
• Making use of payments : a community development model / Danielle Campbell and Janet Hunt
• Negotiating a Noongar native title settlement / Glen Kelly and Stuart Bradfield.

This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities. The book consists of two parts. Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law. Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment.
(source: Nielsen Book Data)

• The origin and application of doctrine of absolute crown ownership in Australia : the common law 1788-1992
• The meaning of radical title pre-Mabo
• The doctrine of tenure and the common law consequences of the classification of an "inhabited" colony as "settled" post-Mabo : emergence of the doctrine of tenure ad veritatem and the doctrine of continuity pro-tempore
• Radical title and unalienated land post-Mabo
• Radical title : lessons from the sea
• Crown acquisition of a plenary title : the common law record requirement and statutory outcomes regulating the alienation of land
• The doctrine of common law aboriginal customary title in Australia and implications for South Africa
• Canada : application and implications of the doctrine of common law aboriginal customary title
• Conclusions.

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ...the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
(source: Nielsen Book Data)

• Machine generated contents note: 1. Mabo Lecture: Asserting our sovereignty / Mick Dodson
• 2. Confessions of a native judge: Reflections on the role of transitional justice in the transformation of indigeneity / Joe Williams
• 3. Mabo Lecture: Where we've come from and where we're at with the opportunity that is Koiki Mabo's legacy to Australia / Noel Pearson
• 4. Native title is property / Greg McIntyre
• 5. curious history of the Mabo litigation / John Basten
• 6. role of the High Court and the recognition of native title: Address in honour of Ron Castan QC AM / Robert French
• 7. Hypothesising social native title / David Ritter
• 8. Symbolism and function: From native title to Indigenous self-government / Lisa Strelein
• 9. Societies, communities and native title / Kingsley Palmer
• 10. Self-determination and Indigenous nations in the United States: International human rights, federal policy and Indigenous nationhood / Christine Zuni Cruz
• 11. Legal personality and native title corporations: The problem of perpetual succession / Angus Frith
• 12. Native title, agreements and the future of Kimberley Aboriginal people / Wayne Bergmann
• 13. Achieving real outcomes from native title claims: Meeting the challenges head on / Graeme Neate
• 14. Who's driving the agenda? / Tom Calma
• 15. Mabo Lecture: A long journey to climb the mountain / Les Malezer
• 16. Mabo Lecture: Addressing the economic exclusion of Indigenous Australians through native title / Aden Ridgeway.

Dialogue about Land Justice provides a solid understanding for readers of the key issues around native title from the minds of leading thinkers, commentators and senior jurists. It consolidates sixteen papers presented to the national Native Title Conference since the historic Mabo judgment.

• pt.
• 1. Contesting sovereignty
• Considering a treaty
• Performing the narrative
• Repudiating Aboriginal rights
• pt.
• 2. Legend making
• Creating a legend
• Remembering Batman
• Making historical places
• Celebrating a centenary
• pt.
• 3. Remembering history
• Unsettling the legend
• Treating Aboriginal rights
• Reconciling histories.

• Recognition and administration of native title claims
• Conflict created by native title in New South Wales
• Issues relating to the use of mediation
• Principles of aboriginal dispute resolution
• Preferred model for intra-cultural dispute resolution
• Preferred model for inter-cultural dispute resolution
• Concluding observations.

• PART 1 - THE CHARACTER OF THE TITLE Native Title: The Product of a Recognition Space Native title as a recognition technique Recognition and the property law focus The native title recognition space Contested meanings attributed to the recognition space The definition of native title Recognition and Incommensurability of systems of meaning Aspects of Native Title Content Native title is non-uniform Native title is communal Native title is inalienable Native title is subject to future extinguishment The sui generis rights formula Reason by analogy to the familiar ('bundle of rights' etc)Litigation contexts in which content is declared Procedural context and form of the determination Identification of the native title group Recognition of native title sub-groups The specificity with which native title rights and interests are stated Evolution in the system of traditional law and custom
• PART 2 - THE LEGAL FRAMEWORK FOR TITLE MANAGEMENT Overview of the Title Management System The role of various legislative and private instruments The prescribed body corporate determination Prescribed characteristics of the native title corporation Overview of the functions of the native title corporation Protection of the native title Salient features of the incorporation statute Legislative Policy The incorporation impasse Policy foundations of the title management system The legislative objectives Overview of the legislative history The choice between individual and collective title-holding Parliament's view of the relationship between group and corporation Responsibility for institutional design The Proliferation of legal relations between group and corporationThe 'juridification' of indigenous relations Title management and the Racial Discrimination Act The main policy challenges The Trust or Agency Relationship Construction of the trust or agency relationship Character of the legal interests of group members Duties of the statutory trustee and agents Jurisdiction over matters arising under the statutory relationships The corporation and the declaration of traditional law and custom Identifying native title group members Identifying native title rights and interests May benefits be distributed without reference to law and custom?Judicial administration of the statutory trust or agency The Corporation Foundational problems of the corporate law relationship The cultural specificity of the corporate governance model The governance structure of the ACA Act corporation Membership of the corporation The general meeting The board and its duties Corporate reporting The regulator's functions and powers Administration, winding-up and native title management Defective corporate transactions Corporate capacity Corporate authority Breach of consent and consultation procedures Accommodating internal group differentiation Administrative discretion in the incorporation process The registrar's protective jurisdiction Available 'self-help' techniques for securing board representationIs another incorporation statute more appropriate? Corporate Activity in the Pre-Determination Period Incorporation in anticipation of a native title determinationLegal problems encountered by pre-determination corporationsNative title application by corporations Liability for non-ILUA pre-incorporation obligations The political and economic context of ILUAs The binding effect of an ILUA: a deviation from contract lawLegal certainty and transaction performance distinguishedCorporation or contract? the politics of choice The management of mixed obligations and benefit streams
• PART 3 - A DESIGN PROCESS FOR NATIVE TITLE INSTITUTIONS Introduction to the Institutional Design Process Circumstances and Institutional Setting of the Native Title Group Broad socio-economic and socio-cultural characteristics of the group 'Structural' features of the native title group Goals and aspirations of the group Indigenous organisational culture The native title institution with indigenous society The corporation as a site of conflict Competition for resources The vulnerability of indigenous corporations Balancing local and regional imperatives Localism with indigenous societies Relationships with regional indigenous organisations Finance and support for native title institutions Institutional Facilities and Design Principles An anthropologically informed analysis of legal facilities The legal facilities and the native title recognition space Facility
• 1: Legal capacity Facility
• 2: Legal authority Facility
• 3: Identifying the members of the native title groups Facility
• 4: Identifying the nature and extent of the rights and interests Facility
• 5: Decision-making procedures Facility
• 6: Dispute resolution procedures Facility
• 7: Accountability to the group and to external parties Facility
• 8: Allocation of liability for native title related acts Eight principles of institutional design Practical Illustrations of the Design Process Legal constraints and 'reflective equilibrium' in the design process A design typology Type
• 1: Agent corporation with 'participatory' membership Type
• 2: Agent corporation with 'representative' membership Type
• 3: Trustee corporation with 'participatory' membership Type
• 4: Trustee corporation with 'representative' membership Ability of types to accommodate economic and other activities Table of Cases/ Table of Statutes/ Index Bibliography This is available only online - see Supplements on this page.
• (source: Nielsen Book Data)

As a result of certain provisions in the Native Title Act 1993, every successful group of native title claimants must form a corporation to manage the native title. This book combines conventional legal analysis with hands-on anthropology and corporate governance know-how to provide practical guidance on this issue.
(source: Nielsen Book Data)

"Describes some of the implications of the High Court's decision on native title, also known as the Mabo decision"--Foreword.