Crossing Boundaries Cultural, Legal,

Native title claims to Australian land are closely examined in this text. With professional contributions from lawyers, anthropologists, and historians, each sharing their experience and expertise, this explores the highly charged public controversy about who owns the land and how native title workers need to communicate more effectively and redefine their practice.

Sandy Toussaint is the author of Applied Anthropology in Australasia, A Jury of Whose Peers?, and Phyllis Kaberry and Me. She is a senior lecturer in anthropology at the University of Western Australia.

Contributors

ix

Acknowledgments

xii

Contextualising Native Title, and this Volume

1

(104)

Sandy Toussaint

1 Raising the Dead: Reflections on Native Title Process

9

(15)

Veronica Strang

2 Anthropology in Native Title Court Cases: 'Mere Pleading, Expert Opinion, or Hearsay'?

24

(10)

David Trigger

3 A Short Ride on a Time Machine: Linguistics, Cultural History and Native Title

34

(16)

Patrick McConvell

4 Method, Mechanism and Mindset: Collaborative Approaches in Native Title

50

(8)

Wendy Asche

5 Beyond Traditional Law: Better Native Title Service Provision

58

(9)

Jan Anderson

6 Designing Institutions in the 'Recognition Space' of Native Title

67

(10)

David Martin

7 Outsourced Professionals in Native Title Claim Research

77

(9)

Julie Finlayson and James Nugent

8 The Evolving Law of Native Title

86

(11)

Robert French

9 The Rules for Engagement

97

(8)

Fred Chaney

10 Confidentiality and Privilege: Legal Proceedings and Anthropological Research

105

(16)

Carolyn Tan

11 Nharnuwangga, Wajarri and Ngarlawangga Consent Determination

121

(7)

Philip Vincent

12 Lawyers and Rats: Critical Legal Theory and Native Title

128

(14)

David Ritter and Frances Flanagan

13 Reflecting on Past Practice: The Alice Springs Arrernte Claim

142

(10)

Mandy Paul

14 Three-legged Elephants: Native Title Histories

152

(7)

Neville Green

15 Working as a Barrister on the Miriuwung Gajerrong Native Title Claim

159

(17)

Michael Barker QC

16 Working as an Anthropologist on the Miriuwung Gajerrong Native Title Claim

176

(19)

Will Christensen

17 Working as a Historian on the Miriuwung Gajerrong Native Title Claim

195

(7)

Christine Choo

Afterword

202

(5)

Sandy Toussaint and Will Christensen

Notes

207

(14)

Bibliography

221

(10)

Index

231

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Crossing Boundaries Cultural, Legal, Historical and Practice Issues in Native Title

Summary

Author Biography

Table of Contents

Supplemental Materials