Native Title and the Constitution: Past and Future Prospects

The High Court’s decision in Yunupingu promises to be one of the most significant constitutional decisions in decades: it raises questions about the scope of the territories power, the acquisition of property, and the status of native title in a post-colonial Australian constitutional settlement.

In this seminar, constitutional experts will discuss their observations of oral argument in the case, and issues raised, including surrounding the doctrine of precedent, and the potential ramifications of the case in terms of compensation and constitutional requirements of “just terms”.

This hybrid seminar (held in-person at the UNSW Faculty of Law & Justice - Level 2 Staff Common Room and online via Zoom) will be chaired by Gilbert + Tobin Centre Director Professor Rosalind Dixon, and feature commentary by A/Professor Sean Brennan, Director of the Centre’s Indigenous Legal Issues Project, new Centre colleague, Dr Ashleigh Barnes, and Melbourne Law School’s A/Professor Lael Weis.