Indigenous legal judgments : bringing indigenous voices into judicial decision making / edited by Nicole Watson and Heather Douglas.

Abingdon, Oxfordshire : Routledge, 2021.

1st edition

199288

Aboriginal Australians -- Cases -- Legal status, laws, etc.

Torres Strait Islanders -- Cases -- Legal status, laws, etc.

Indigenous peoples -- Cases. -- Legal status, laws, etc. -- Australia.

1. Introduction

PART I: Sovereignty

2. Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141

3. Cooper v Stuart (1889) 14 App Cas 286

4. Walker v NSW (1994) 182 CLR 45

PART II: Land and sea country

5. Tickner v Chapman (1995) 57 FCR 451

6. Members of the Yorta Yorta Abriginal Community v Victoria [2002] 214 CLR 422

7. Akiba on behalf of the Torres Strait Regional Sea Claims Group v Commonwealth of Australia (2013) HCA 33

PART III: Racism and discrimination

8. Kartinyeri v Commonwealth [1998] HCA 22

9. Commissioner of Corrective Services v Aldridge (No. 2) [2002] NSWADTAP 6

10. Eatock v Bolt [2011] FCA 1103

PART IV: Family and identity

11. Dempsey v Rigg (1914) St R Qld 245

12. State of South Australia v Lampard-Trevorrow [2010] SASC 56

13. Backford v Backford [2017] FamCAFC 1

PART V: Criminalisation and criminal neglect

14. Roach v Electoral Commissioner [2007] 233 CLR 162

15. Nona and Ahmat v Barnes [2012] QSC 35

16. Bugmy v The Queen (2013) ALR 192

17. Report of the Inquest into the Death of Miss Dhu (Perth, 16 December 2016).

This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people"s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite sixteen key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people"s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius, and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanized by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theory. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, that has been integral to settler colonialism, can ever deliver meaningful justice to Indigenous people. - Publisher's website.

Includes bibliographical references and index.

9780367467456

xviii, 323 pages : illustrations ; 24 cm