| Description |
1 online resource (xxiii, 243 pages) : illustrations |
| Contents |
Foreword -- Acknowledgments -- About the Author -- Table of Cases -- Table of Statutes -- Introduction -- Chapter 1. Background -- Chapter 2. The Timber Creek jurisprudence -- Chapter 3. Critique of Timber Creek'seconomic component:an alternative methodology -- Chapter 4. Critique of Timber Creek's non-economic component: further guidance -- Chapter 5. Constitutional "just tems" and its implications -- Chapter 6. Compensation (and other remedies) at general law -- Chapter 7. Conclusion -- Bibliography -- Appendix -- Index |
| 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."--Publisher's website |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Winner of the 2021 Holt Prize, this book is about how Australian law compensates Indigenous Australians for the loss or impairment of native title rights. |
|
Description based upon print version of record |
| Subject |
Australia. Native Title Act 1993.
|
| SUBJECT |
Native Title Act 1993 (Australia) fast (OCoLC)fst01388045 |
| Subject |
Native title (Australia) -- Economic aspects.
|
|
Compensation (Law) -- Australia.
|
|
Aboriginal Australians -- Land tenure -- Law and legislation.
|
| Author |
Greenwood, Andrew, writer of introduction
|
|
Fulcher, Jonathan, writer of introduction
|
| ISBN |
9781760023683 |
|
176002368X |
|
