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Compensation for native title / William Isdale ; foreword, The Hon Justice Andrew Greenwood, Dr Jonathan Fulcher.

Catalogue Information
Field name Details
ISBN 9781760023645
Author Isdale, William (author)
Title Compensation for native title / William Isdale ; foreword, The Hon Justice Andrew Greenwood, Dr Jonathan Fulcher.
Publisher and/or associated date/s Alexandria, NSW : The Federation Press, 2022.
Description xxiii, 243 pages ; 25 cm.
Bibliography Includes bibliographical references (pages 223-230) and index.
Contents Introduction -- 1. Background -- 2. The Timber Creek jurisprudence -- 3. Critique of Timber Creek's economic component: an alternative methodology -- 4. Critique of Timber Creek's non-economic component: further guidance -- 5. Constitutional "just terms" and its implications -- 6. Compensation (and other remedies) at general law -- 7. Conclusion -- Appendix. Compulsory acquisition statutes.
Summary "This book is about how Australian law compensates Indigenous Australians for the loss or impairment of native title rights. Although statutory entitlements to compensation have been available in the Native Title Act 1993 (Cth) since its commencement, it was not until 2016 that the first judicial determination of compensation was made. In 2019 the High Court of Australia gave its first consideration to the topic, in Northern Territory v Griffiths [2019] HCA 7 (the "Timber Creek" decision). This book surveys the current state of the law, explores future directions, and seeks to resolve some as yet undetermined issues. It provides the first extended analysis of this emerging body of law. Apart from considering compensation under the Native Title Act and how it should properly be assessed, the book also explores the availability of common law remedies for native title holders, and considers the implications of the Commonwealth Constitution's guarantee of "just terms" for certain acquisitions of property. A key theme throughout the book is a recognition of a tension between the desirability of applying existing legal principles and doctrines, while also recognising the uniqueness of native title. The book provides a framework for thinking about how to approach - and resolve - that tension. It also critiques aspects of the approaches taken by the courts so far, and offers a new path forward. Ultimately, it is argued that native title holders can and should be recompensed through the application of well-established principles and methods" -- Publisher website.
Subjects Australia
Native title (Australia) -- Economic aspects
Compensation (Law) -- Australia
Aboriginal Australians -- Land tenure -- Law and legislation
Native title -- Compensation
Native title (Australia)
Indigenous peoples -- Legal status, laws, etc -- Australia
Other Authors &/or Associated Persons Greenwood, A. P. (Andrew Peter) (writer of foreword)
Fulcher, Jonathan (writer of foreword)
Call number 2022.036
Catalogue Information 100081436 Beginning of record . Catalogue Information 100081436 Top of page .
Item Information
Barcode Shelf Location Collection Volume Ref. Status Due Date
A00952829 2022.036
General Collection   . Available to Museum Staff .  
. Catalogue Record 100081436 ItemInfo Beginning of record . Catalogue Record 100081436 ItemInfo Top of page .