Book Launch: 'Compensation for Native Title' by William Isdale (Holt Prize Winner 2021)

About the launch

Join us for the launch of Compensation for Native Title, published by The Federation Press in 2022 and written by Dr William Isdale. This tripartite event of the Federal Court of Australia, The Federation Press and the University of Queensland's School of Law, will formally launch this Holt Prize winning book. Following the launch there will be an opportunity for drinks and light refreshments. 

Hosted in person in Courtroom 1 at the Commonwealth Law Courts building in Brisbane, this event will be hosted by Professor Rick Bigwood (Dean of Law, TC Beirne School of Law, UQ) and will include remarks from distinguished guests including the Honourable Justice Andrew Greenwood and from the author, Dr Isdale, who will provide a brief overview of this emerging and significant area of law. 

Compensation for Native Title surveys the current state of the law and explores future directions. It provides the first extended analysis of this emerging body of law. Apart from considering compensation under the Native Title Act, the book also explores the availability of common law remedies for native title holders, and considers the implications of the Commonwealth Constitution's guarantee of "just terms" for acquisitions of property. 

Register now

About 'Compensation for Native Title'

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 Constitution’s 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.