Trent Wallace LAWYER, LAW LECTURER & CONSULTANT

This article explores the nexus between First Nations identity and workplace requirements for diversity and inclusion programmes. It discusses the increased uptake of Reconciliation Action Plans in Australian workplaces, as well as the findings of the groundbreaking Gari Yala – Speak the Truth report from the Jumbunna Institute of Indigenous Education and Research and the Diversity Council Australia. This article appears in the inaugural edition of our latest newsletter offering for practitioners First Nations Law Bulletin.

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Paul Telford and Siobhan Lyons

This article from the Australian Insurance Law Bulletin analyses the potential impact of the proposed Voice to Parliament to the insurance industry should it pass the upcoming Referendum. In it, the authors point out that the private sector is already well-aware of the commercial and statutory consequences that arise from a lack of consultation with First Nations peoples (certainly since the destruction of rock shelters of great significance to the Traditional Owners in the Juukan Gorge WA in May 2022). The increase of concern within the private sector and the take-up of reconciliation efforts within the insurance industry mean that the insurance market has already been accounting for risks associated with projects and investments requiring consultation with First Nations peoples. The authors argue that the Voice will not facilitate an emerging change in culture, but rather, strengthen a recognition that has been steadily growing for some time.

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The Honourable Justice G F K Santow OAM

This article from the LexisNexis archives presents an interesting retrospective on the legacy of Sir Anthony Mason following his retirement as Chief Justice of the High Court of Australia in 1995. It provides a thorough examination of the landmark Mabo v Queensland (No 2) case that overturned the doctrine of Terra Nullius and introduced the principle of native title into the Australian legal system, which led to the Native Title Act 1993.

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Peter Kilduff and Asmi Wood

This article provides a fascinating discussion on Indigenous sovereignty in Australia and refers to several high-profile case studies. It first appeared in Australian Bar Review.

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Lynden Albiston LANDER & ROGERS

An interesting discussion from our Sports Law Bulletin (newsletter) on systemic racism and discrimination in professional sporting clubs. This article provides a case study of Flores v The National Football League, and how this could apply in an Australian context.

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Clara Klemski SENIOR LAWYER

In this article, Clara Klemski examines the Juukan Gorge case study and subsequent response to highlight the "S" in ESG. It looks at the shift in landscape at a political, legal and moral level, heightening the importance of Indigenous rights since the Uluru Statement from the Heart and the subsequent Referendum announcement. This article first appeared in Australian Environment Review (newsletter).

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Helen Milroy, Marshall Watson, Shraddha Kashyap and Pat Dudgeon

To understand the overrepresentation of First Nations peoples in the criminal justice system, we need to understand the historical context, together with unresolved contemporary issues of sovereignty, self-determination, and the need for truth-telling. This article provides an overview of the current situation, and discusses the historical and contemporary contexts which contribute to the risk of young First Nations peoples coming into contact with the justice system. This article first appeared in the 50th volume of the Australian Bar Review.

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Mike Butler, Jessica Xu and Deborah Lockhart AUSTRALIAN DISPUTES CENTRE

This article discusses the Uluru Statement from the Heart, cross-cultural and principled decision making in Alternative Dispute Resolution processes. This article first appeared in Australian Alternative Dispute Resolution Law Bulletin (newsletter).

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Jonathan Fulcher HOPGOODGANIM LAWYERS

This article discusses the Uluru Statement from the Heart and what it could mean to have a treaty with First Nations people in Australia. This article was first published in Australian Energy and Resources Law Bulletin (newsletter). It appears here in 2 parts - this is part 1 of 2.

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Jonathan Fulcher HOPGOODGANIM LAWYERS

This article discusses the Uluru Statement from the Heart and what it could mean to have a treaty with First Nations people in Australia. This article was first published in Australian Energy and Resources Law Bulletin (newsletter). It appears here in 2 parts - this is part 2 of 2.

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Lidia Xynas

This article, originally published in the Australian Property Law Journal, looks at Indigenous customary law and how the Australian legal system has come to recognise these issues in the context of succession law.

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