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

Alexandria, NSW : The Federation Press, [2022]

KU2565 .I83 2022

9781760023645 hardback
1760023647 hardcover

xxiii, 243 pages ; 25 cm

17833262
(OCoLC)1313980676

"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."--Publisher's website, viewed 18.5.2022

Includes bibliographical references and index.

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