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

Format:

Book

Contributor:

Watson, Nicole, 1973- editor.

Douglas, Heather, editor.

Language:

English

Subjects (All):

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

Aboriginal Australians.

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

Torres Strait Islanders.

Physical Description:

1 online resource

Edition:

1st ed.

Place of Publication:

Abingdon, Oxon ; New York, NY : Routledge Taylor & Francis Group, 2021.

Summary:

"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"-- Provided by publisher.

Contents:

Introduction / Nicole Watson and Heather Douglas

Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141. Essay : Oscar Monaghan

Cooper v Stuart (1889) 14 App Cas 286. Commentary : Eddie Synot and Roshan de Silva-Wijeyeratne. Judgment : Eddie Synot and Roshan de Silva-Wijeyeratne

Walker v NSW (1994) 182 CLR 45. Commentary : Tanya Mitchell and Amanda Porter. Judgment : Amanda Porter and Tanya Mitchell

Tickner v Chapman (1995) 57 FCR 451. Commentary : Narelle Bedford and Peter Billings. Judgment : Narelle Bedford and Peter Billings

Members of the Yorta Yorta Abriginal Community v Victoria [2002] HCA 58. Commentary : Simon Young. Judgment : Marcelle Burns

Akiba on behalf of the Torres Strait Regional Sea Claims Group v Commonwealth of Australia (2013) HCA 33. Commentary : Alison Whittaker. Judgment : Virginia Marshall

Kartinyeri v Commonwealth [1998] HCA 22. Commentary : Larissa Behrendt and Taryn Lee. Judgment : Larissa Behrendt and Taryn Lee

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

Commentary : Debbie Bargallie and Jennifer Nielsen. Judgment : Jennifer Nielsen and Debbie Bargallie

Eatock v Bolt [2011] FCA 1103. Commentary : Simon Rice Poem and Note : Alison Whittaker

Dempsey v Rigg (1914) St R Qld 245. Commentary : Trudie Broderick. Judgment : Nicole Watson

State of South Australia v Lampard-Trevorrow [2010] SASC 56. Commentary : Terri Libesman. Judgment : Kirsten Gray

Backford & Backford and Anor (No 2) [2017] FamCAFC 206. Commentary : Keryn Ruska and Zoe Rathus. Judgment : Keryn Ruska and Zoe Rathus

Roach v Electoral Commissioner [2007] HCA 43. Commentary : Jonathan Crowe and Dani Larkin. Judgment : Dani Larkin and Jonathan Crowe

Nona v Barnes [2012] QCA 346. Commentary : Heather Douglas and Heron Loban. Judgment : Heron Loban and Heather Douglas, translation Deenorah Yellub

Bugmy v R [2013] HCA 37. Commentary : Mary Spiers Williams. Judgment : Mary Spiers Williams

Report of the Inquest into the Death of Miss Dhu (Perth, 16 December 2016). Commentary : Suvendrini Perera. Judgment : Hannah McGlade.

Notes:

Includes index.

Includes bibliographical references and index.

CC BY-NC-ND

Description based on print version record.

ISBN:

9781003174349

1003174345

9781000401240

1000401243

9781000401219

1000401219

OCLC:

1259594185