Search results for Compensation for Native Title
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Compensation for Native Title (Hardcover)
Published by
Federation Press, Annandale, NSW, 2022
ISBN 10: 1760023647
ISBN 13: 9781760023645
New
Hardcover
Seller: Grand Eagle Retail, Bensenville, IL, U.S.A.
Seller rating 5 out of 5 stars
Hardcover. Condition: new. Hardcover. 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 Constitutions guarantee of just terms for certain acquisitions of property.A key theme throughout the book is a recognition of a tension between the desirability of applying existing legal principles and doctrines, while also recognising the uniqueness of native title. The book provides a framework for thinking about how to approach and resolve that tension. It also critiques aspects of the approaches taken by the courts so far, and offers a new path forward. Ultimately, it is argued that native title holders can and should be recompensed through the application of well-established principles and methods. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9781760023645
Seller Image
Compensation for Native Title (Hardcover)
Published by
Federation Press, Annandale, NSW, 2022
ISBN 10: 1760023647
ISBN 13: 9781760023645
New
Hardcover
Seller: CitiRetail, Stevenage, United Kingdom
Seller rating 5 out of 5 stars
Hardcover. Condition: new. Hardcover. 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 Constitutions guarantee of just terms for certain acquisitions of property.A key theme throughout the book is a recognition of a tension between the desirability of applying existing legal principles and doctrines, while also recognising the uniqueness of native title. The book provides a framework for thinking about how to approach and resolve that tension. It also critiques aspects of the approaches taken by the courts so far, and offers a new path forward. Ultimately, it is argued that native title holders can and should be recompensed through the application of well-established principles and methods. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability. Seller Inventory # 9781760023645
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Seller Image
Compensation for Native Title (Hardcover)
Published by
Federation Press, Annandale, NSW, 2022
ISBN 10: 1760023647
ISBN 13: 9781760023645
New
Hardcover
Seller: AussieBookSeller, Truganina, VIC, Australia
Seller rating 5 out of 5 stars
Hardcover. Condition: new. Hardcover. 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 Constitutions guarantee of just terms for certain acquisitions of property.A key theme throughout the book is a recognition of a tension between the desirability of applying existing legal principles and doctrines, while also recognising the uniqueness of native title. The book provides a framework for thinking about how to approach and resolve that tension. It also critiques aspects of the approaches taken by the courts so far, and offers a new path forward. Ultimately, it is argued that native title holders can and should be recompensed through the application of well-established principles and methods. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9781760023645