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 Native Title Research Unit.

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Native Title in the News provides summaries of newspaper articles and media releases relevant to native title. These summaries are produced monthly and are also published in What's New.

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Native title and traditional ownership issues papers

Cover Title Author Edition Date
What do young fellas reckon? Exploring the experiences of Aboriginal and Torres Strait Islander youth in native title What do young fellas reckon? Exploring the experiences of Aboriginal and Torres Strait Islander youth in native title
  • Bhiamie Williamson
  • Stacey Little
6:6 Jun, 2019
Native Title Anthropology after the Timber Creek Decision
  • Pamela Faye McGrath
6:5 Jan, 2017
Wearing two hats: The conflicting governance roles of native title corporations and community/shire councils in remote Aboriginal and Torres Strait Islander communities 6:4 Mar, 2016
Gender and generation in native title cover Gender and generation in native title: Director demographics and the future of prescribed bodies corporate
  • Geoff Buchanan
6:3 Mar, 2015
Native Title Issues Paper cover Black and green revisited: Understanding the relationship between Indigenous and environmental political formations
  • David Ritter
6:2 Nov, 2014
issues paper cover In the Native Title 'hot tub': expert conferences and concurrent expert evidence in Native Title
  • Vance Hughston
  • Tina Jowett
6:1 Aug, 2014
issue paper cover Re-evaluating Mabo: the case for Native Title reform to remove discrimination and promote economic opportunity
  • Shireen Morris
5:3 Jun, 2012
issues paper cover Constitutional reform and its relationship with land justice
  • Sean Brennan
5:2 Oct, 2011
issues paper cover Recognising Indigenous peoples in the Australian Constitution: What the Constitution should say and how the referendum can be won
  • George Williams
5:1 Sep, 2011
issues paper cover 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
4:7 May, 2011
issues paper cover Housing on Native Title lands: responses to the housing amendments of the Native Title Act
  • Claire Stacey
  • Joe Fardin
4:6 Mar, 2011
issues paper cover Written proof: The appropriation of genealogical records in contemporary Arrernte society
  • Rebecca Morgan
  • Helen Wilmot
4:5 Sep, 2010
issues paper cover The family connection when a charity is for the advancement of Indigenous Peoples: Australia and New Zealand compared
  • Associate Prof Fiona Martin
  • Audrey Sharp
4:4 Nov, 2009
issue paper cover Negotiation in good faith under the Native Title Act: A critical analysis
  • Sarah Burnside
4:3 Oct, 2009
issues paper cover Native Title in Canada and Australia post Tsilhqot'in: Shared thinking or ships in the night?
  • Simon Young
4:2 Aug, 2009
issues paper cover Societies, communities and Native Title
  • Kingsley Palmer
4:1 Aug, 2009
issues paper cover Confessions of a native judge: Reflections on the role of transitional justice in the transformation of indigeneity
  • Chief Judge Joe Williams
3:14 Jun, 2008
Impacts and opportunities of climate change: Indigenous participation in environmental markets
  • Emily Gerrard
3:13 Apr, 2008
issues paper cover Plus ca change, plus c’est la meme chose?: The 2007 amendments to the Native Title Act
  • Justice Robert French
3:12 Feb, 2008
issues paper cover Ethnographic evidence, rights and interests, and Native Title claim research
  • Lisa Corbellini
3:11 Sep, 2007
issue paper cover Reforming the claims resolution process: Opportunities and obstacles
  • Graeme Neate
3:10 Aug, 2007
issue paper cover Native title and governance: The emerging corporate sector prescribed for Native Title holders
  • Jessica Weir
3:9 Jul, 2007
issue paper cover Jango: Payment of compensation for the extinguishment of Native Title
  • Tina Jowett
  • Kevin Williams
3:8 May, 2007
issue paper cover Anthropology and applications for the recognition of Native Title
  • Kingsley Palmer
3:7 Mar, 2007
issue paper cover Waiting for Mary: Process and practice issues in negotiating Native Title Indigenous decision-making and dispute management management frameworks
  • Toni Bauman
3:6 Jun, 2006
issue paper cover Balancing the scales of Indigenous land justice in Victoria
  • Dr Wayne Atkinson
3:5 Mar, 2006
issue paper cover Native title-holding groups and Native Title societies: Sampi v Western Australia
  • Dr Lisa Strelein
3:4 Nov, 2005
issue paper cover White picket fence or Trojan horse? The debate over communal ownership of Indigenous land and individual wealth creation
  • Dr Stuart Bradfield
3:3 Jun, 2005
issue paper cover Whose benefits? Whose rights? Negotiating rights and interests amongst Indigenous native title parties
  • Toni Bauman
3:2 Apr, 2005
issue paper cover Authorisation and replacement of applicants: Bolton v WA [2004] FCA 760
  • Dr Lisa Strelein
3:1 Mar, 2005
issue paper cover The recognition level of the native title claim group: A legal and policy perspective
  • Daniel Lavery
2:30 Dec, 2004
issue paper cover An anthropological perspective on writing for the court
  • Katie Glaskin
2:29 Sep, 2004
issue paper cover Promoting economic and social development through Native Title
  • The Aboriginal and Torres Strait Islander Social Justice Commissioner
2:28 Aug, 2004
issue paper cover Practical reconciliation, practical re-colonisation?
  • John Borrows
2:27 May, 2004
issue paper cover Agreeing to terms: What is a ‘comprehensive’ agreement?
  • Dr Stuart Bradfield
2:26 Mar, 2004
issue paper cover Native Title and agreement making in the mining industry: Focusing on outcomes for Indigenous peoples
  • Ciaran O'Faircheallaigh
2:25 Feb, 2004
issue paper cover Beyond Yorta Yorta (Based on a paper prepared for the AIATSIS Native Title Conference Alice Springs ­June 2003)
  • John Basten QC
2:24 Oct, 2003
native issues paper cover Indigenous Pueblo culture and tradition in the justice system: Maintaining Indigenous language, thought and law in judicial review
  • Christine Zuni Cruz
2:23 Jun, 2003
issue paper cover ‘Abandonment’ or maintenance of country? A critical examination of mobility patterns and implications for Native Title
  • Dr Peter Veth
2:22 Apr, 2003
issue paper cover Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 (12 December 2002) - Comment
  • Dr Lisa Strelein
2:21 Feb, 2003
issues paper cover Negotiating comprehensive settlement of Native Title issues: Building a new scale of justice in South Australia
  • Parry Agius
  • Jocelyn Davies
  • Richie Howitt
  • Lesley Johns
2:20 Dec, 2002
issues paper cover Pastoral Access Protocols: The corrosion of Native Title by contract
  • Frances Flanagan
2:19 Nov, 2002
issues paper cover Winning native title: The experience of the Nharnuwangga, Wajarri and Ngarla People 
  • Michelle Riley
2:19 Nov, 2002
issue paper cover Diaspora, materialism, tradition: Anthropological issues in the recent High Court appeal of the Yorta Yorta
  • Dr James F. Weiner
2:18 Oct, 2002
issues paper cover Western Australia v Ward on Behalf of Miriuwung Gajerrong, High Court of Australia, 8 August 2002: Summary of Judgement
  • Dr Lisa Strelein
2:17 Aug, 2002
issues paper cover The international concept of equality of interest in the sea as it affects the conservation of the environment and indigenous interests
  • The Hon Anthony Mason
2:16 Jun, 2002
issues paper cover Preserving culture in federal court proceedings: Gender restrictions and anthropological experts
  • Greg McIntyre
  • Geoffrey Bagshaw
2:15 May, 2002
issues paper cover "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
2:14 Apr, 2002
issues paper cover Recent developments in native title law and practice: Issues for the High Court
  • John Basten QC
2:13 Feb, 2002
issues paper cover The beginning of certainty: Consent determinations of Native Title
  • Paul Sheiner
2:12 Nov, 2001
issues paper cover Expert witness or advocate? Emerging issues and future directions
  • Bruce Shaw
2:11 Oct, 2001
issues paper cover Review of Conference: Emerging issues and future directions
  • Graeme Neate
2:10 Oct, 2001
issues paper cover Anthropology and connection reports in Native Title claim applications
  • Dr Julie Finlayson
2:9 Aug, 2001
issue paper cover The content of Native Title: Questions for the Miriuwung Gajerrong Appeal
  • Gary Meyers
2:7 Nov, 2000
issues paper cover Economic issues in valuation of and compensation for loss of Native Title rights
  • David Campbell
2:8 Oct, 2000
issues paper cover Local and ‘diaspora’ connections to country and kin in central Cape York Peninsula
  • Benjamin Richard Smith
2:6 Sep, 2000
issues paper cover Limitations to the recognition and protection Native Title offshore: The current 'accident of History'
  • Katie Glaskin
2:5 Jun, 2000
Last reviewed: 1 May 2017