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Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making book cover

1st Edition

Indigenous Legal Judgments Bringing Indigenous Voices into Judicial Decision Making

Edited By Nicole Watson, Heather Douglas Copyright 2021
344 Pages 4 B/W Illustrations
by Routledge

344 Pages 4 B/W Illustrations
by Routledge

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 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory... Read more

Foreword by Megan Davis

1. Introduction

Nicole Watson and Heather Douglas

Part 1: Sovereignty

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

Essay: Oscar Monaghan

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

Commentary: Eddie Synot and Roshan de Silva-Wijeyeratne

Judgment: Eddie Synot and Roshan de Silva-Wijeyeratne

3. Walker v NSW (1994) 182 CLR 45

Commentary: Tanya Mitchell and Amanda Porter

Judgment: Amanda Porter and Tanya Mitchell

Part 2: Land and Sea Country

4. Tickner v Chapman (1995) 57 FCR 451.

Commentary: Narelle Bedford and Peter Billings

Judgment: Narelle Bedford and Peter Billings

5. Members of the Yorta Yorta Abriginal Community v Victoria [2002] HCA 58.

Commentary: Simon Young

Judgment: Marcelle Burns

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

Commentary: Alison Whittaker

Judgment: Virginia Marshall

Part 3: Racism and Discrimination

7. Kartinyeri v Commonwealth [1998] HCA 22.

Commentary: Larissa Behrendt and Taryn Lee

Judgment: Larissa Behrendt and Taryn Lee

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

Commentary: Debbie Bargallie and Jennifer Nielsen

Judgment: Jennifer Nielsen and Debbie Bargallie

9. Eatock v Bolt [2011] FCA 1103.

Commentary: Simon Rice

Poem and Note: Alison Whittaker

Part 4: Family and Identity

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

Commentary: Trudie Broderick

Judgment: Nicole Watson

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

Commentary: Terri Libesman

Judgment: Kirsten Gray

12. Backford & Backford and Anor (No 2) [2017] FamCAFC 206.

Commentary: Keryn Ruska and Zoe Rathus

Judgment: Keryn Ruska and Zoe Rathus

Part 5: Criminalisation and Criminal Neglect

13. Roach v Electoral Commissioner [2007] HCA 43.

Commentary: Jonathan Crowe and Dani Larkin.

Judgment: Dani Larkin and Jonathan Crowe.

14. Nona v Barnes [2012] QCA 346.

Commentary: Heather Douglas and Heron Loban

Judgment: Heron Loban and Heather Douglas, translation Deenorah Yellub.

15. Bugmy v R [2013] HCA 37.

Commentary: Mary Spiers Williams

Judgment: Mary Spiers Williams

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

Commentary: Suvendrini Perera

Judgment: Hannah McGlade

Biography

Heather Douglas is a Professor at the Melbourne Law School, The University of Melbourne.

Nicole Watson is a Munanjali and Birri Gubba woman from south-east Queensland. Nicole is an Associate Professor and Director of the Academic Unit, Nura Gili Centre for Indigenous Programs, University of New South Wales.

"Indigenous Legal Judgments is a powerful expression of Indigenous empowerment and self-determination. This is an important book not only because of what it says about what the law is, but also because of what it says about what the law could, and should, be. This is an essential read for anyone interested in seeing how reconciliation between Indigenous and non-Indigenous legal systems might be possible." - Peter Aadoson, Canadian Law Library Review

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