Volume 14 Number 1

The AILR is prepared at the Indigenous Law Centre at the University of New South Wales, Sydney, Australia, whose in-kind support makes the AILR possible. The AILR also gratefully acknowledges the support of the Commonwealth Attorney-General’s Department in the development of this publication.

The editors wish to express their gratitude to the following people, who generously and expertly prepared headnotes for this edition: Emily Burke, for Chippewas of Mnjikaning First Nation v Chiefs of Ontario; David Buxton-Forman, for Aurukun Shire Council & Anor v CEO Office of Liquor Gaming and Racing in the Department of Treasury; Lauris de Clifford, forAttorney-General v Mair and others; Chantel Cotterell, for Santo v David; Jacqueline Fetchet, for Anderson v Minister for the Environment, Heritage and the Arts; Jess Harvie, for C Incorporated v Australian Crime Commission; Angela MacDonald, for State of South Australia v Lampard-Trevorrow; Rhiannon Partington, for Dates v Minister for Environment, Heritage and the Arts (No 2) and Worimi (aka Gary Dates) v Worimi Local Aboriginal Land Council;and Karenna Williams, for Tsuu T’ina Nation v Alberta (Environment). The other headnotes were prepared by Michelle Bradley, Suzannne Mortimer, Keiran Hardy and Daniel Threlfall. Headnote reviews were conducted by Michelle Bradley, Keiran Hardy, Daniel Threlfall and Lucienne Cassidy.

As always, thanks are extended to the Editorial Panel for their always willing support and assistance. Thanks are also due to the referees who anonymously – and very generously – reviewed the submissions for this edition. The editors would also like to thank Janette Murdoch, Megan Davis, Zrinka Lemezina, all of the other Centre staff and volunteers, and John Hewitt, for their contributions to the creation and production of this edition of the AILR.

Canoe).  Helen was also a finalist at the 2008 Telstra Awards. Helen now devotes herself to painting full time. She spends her time in her community at Bulgul, on the coast between Daly River and Darwin, and with her family in Darwin. 


The artist explains the cover artwork entitled Wangi – the start of the wet:

‘This work was painted in Alice Springs and it was one of a series I did exploring a completely new artistic direction for me.  Until this series, all my works had explored traditional topics from a bush point of view.  In this series, I looked at traditional subjects from both a bush and a city perspective, and as a result, some of the iconography I have used clearly shows urban landscapes.  I guess it recognizes my heritage which is part Indigenous and part non-Indigenous.  The painting itself talks about the start of the wet.  Across the lighter part of the painting, we see the wind that has swung around from the desert and now comes from the north bringing the monsoons with it. It is at this time that the bush turns green and the edible plants start to spring up.  But not only is the bush green, so is Darwin, my other home.’

Further information about the artist and her work can be found at Aboriginal Art World and the Kate Owen Gallery.

Building Communities, Not Prisons: Justice Reinvestment and Indigenous Over-Imprisonment
Melanie Schwartz

Monetary Compensation and the Stolen Generations: A Critique of the Federal Labor Government’s Position
Dylan Lino

Local Government Rates Exemptions for Indigenous Organisations: The Complexities of a State-By-State System
Fiona Martin

The NTER Redesign Consultation Process: Not Very Special
Alison Vivian

‘The Holy Grail’ or ‘The Good, The Bad and The Ugly’?: A Qualitative Exploration of the ILUAs Agreement-Making Process and the Relationship Between ILUAs and Native Title
Dr Deirdre Howard-Wagner and Amy Maguire

The New Representative Body for Aboriginal and Torres Strait Islander People: Just One Step
Sam Muir



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

C Incorporated v Australian Crime Commission, [2010] FCAFC 4

Aurukun Shire Council & Anor v CEO Office of Liquor Gaming and Racing in the Department of Treasury, [2010] QCA 37

Anderson v Minister for the Environment, Heritage and the Arts, [2010] FCA 57

Santo v David, [2010] FCA 42

Dates v Minister for Environment, Heritage and the Arts (No 2), [2010] FCA 256

Worimi (aka Gary Dates) v Worimi Local Aboriginal Land Council, [2010] FCAFC 3

Inquest in to the Death of Mulrunji, (Unreported, Coroner’s Court, Palm Island & Townsville & Brisbane, Deputy Chief Magistrate Hine, 14 May 2010)


Tsuu T’ina Nation v Alberta (Minister of Environment), 2010 ABCA 137

Lax Kw’alaams Indian Band v. Canada (Attorney General), 2009 BCCA 593

Chippewas of Mnjikaning First Nation v. Chiefs of Ontario, 2010 ONCA 47

New Zealand

Attorney-General v Mair and Others, [2009] NZCA 625

African Commission on Human Rights

Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya, Communication 276 / 2003


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