More than a decade has passed since the High Court's decision in Mabo, and this book remains a key mechanism for distinguishing between fact & myth among the claims & counter-claims which bedevil Australia's native title debate. It provides an accurate, accessible and unbiased account of what the judges and the Acts of Parliament have actually said about native title, what it means, and what problems are likely to arise.

Recognising that the 1993 ruling in Mabo remains the basic legal document on native title, this fourth edition retains the plain language version of the ruling as its core. There follow equally straightforward explanations of the Native Title Act 1993, the 1996 High Court judgment in Wik, and the Howard government's legislative response in 1998 with the "10 point plan." Finally, there are two completely new chapters on how the native title legislation has worked in practice, what important issues remain to be resolved, and some possible future directions for solving them.

Table of Contents

The Petition
The Ruling

PART ONE: MABO: WHAT THE HIGH COURT SAID
CHAPTER 1: The Murray Islands and their people
CHAPTER 2: The issues in the case
CHAPTER 3: Terra nullius
CHAPTER 4: Crown sovereignty and ownership of land
CHAPTER 5: Native title and the law
CHAPTER 6: Extinguishing native title
CHAPTER 7: Fiduciary obligations
CHAPTER 8: Protecting native title under the Racial Discrimination Act
CHAPTER 9: Deed of grant in trust
CHAPTER 10: The minority judgment
CHAPTER 11: Common law and land titles: An overview
CHAPTER 12: The ruling and final order

PART TWO: AFTER MABO
CHAPTER 13: Native Title Act 1993 (Cth)
CHAPTER 14: The Wik decision - 1996: What the High Court really decided
CHAPTER 15: The government's response to the Wik decision - 1998
CHAPTER 16: The Native Title Act in operation
CHAPTER 17: Issues for the future

"...an insight into the heart of one of the most significant changes in the nation's history."

-- Paul Keating