With most of the apprehension, uncertainty and fear that was associated initially with native title has dissipated, this paper examines the areas in which the legislation and native title processes could be improved.

This paper focuses on the resolution of native title claims by negotiated outcomes and looks at the range of options for settlement expressly contemplated, or permitted, by the Native Title Act. It looks in some detail at the various factors that can affect the pace and outcomes of negotiations, and discusses how and why an...

This paper summarise the various meanings which have been applied to the notion of traditional ownership, based on a review of the published literature on the subject. It starts with a brief summation of the various definitions which have been included in Australian State and Commonwealth legislation, before focusing on three issues which are the...

This paper argues that, irrespective of the statutory framework, native title claims are best and most expeditiously resolved by negotiation and consent when the National Native Title Tribunal and the Federal Court work cooperatively and in a complementary fashion. The case of the negotiation and resolution by consent of the Thalanyji claim is used to...

It is 15 years since the Native Title Act commenced to operate, and it is appropriate to take stock of what has been achieved to date, look at some of the challenges ahead and think creatively about how those challenges might be met so that the aspirations that were held for and remain embedded in...