LAW UNSW : University of New South Wales, Faculty of Law - Sydney Australia


 


 
Staff Directory
Sean Brennan

Publications


Book

Treaty (Federation Press 2005) (with Larissa Behrendt, Lisa Strelein and George Williams)

Book Chapters

'The Indigenous Estate' in Heather McRae and Garth Nettheim (eds), Indigenous Legal Issues (4 th ed, Thomson Reuters, 2009). (forthcoming)

'Land Rights Legislation' in Heather McRae and Garth Nettheim (eds), Indigenous Legal Issues (4 th ed, Thomson Reuters, 2009). (forthcoming)

'Native Title: An Overview of its Development in Australia ' in Heather McRae and Garth Nettheim (eds), Indigenous Legal Issues (4 th ed, Thomson Reuters, 2009). (forthcoming)

'Native Title: Specific features of Law and Process' in Heather McRae and Garth Nettheim (eds), Indigenous Legal Issues (4 th ed, Thomson Reuters, 2009). (forthcoming)

'Whitlam and the Value of Law in Indigenous Affairs: Lessons for the Contemporary Debate on Reconciliation and a Treaty?' in Jenny Hocking and Colleen Lewis (eds), It's Time Again. Whitlam and Modern Labor (Circa 2003), 138-165

Refereed Journal Articles

'Wet or Dry, It's Aboriginal Land : The Blue Mud Bay Decision on the Intertidal Zone' (2008) 7(7) Indigenous Law Bulletin 6.

'Compulsory acquisition of native title land for private use by third parties' (2008) 19 Public Law Review 179.

' Economic Development and Land Council Power: Modernising the Land Rights Act or Same Old Same Old?' (2006) 10 Australian Indigenous Law Reporter 1.

'“Sovereignty” and Treaty-Making between Indigenous Peoples and Australian Governments' (2004) 26 Sydney Law Review 307 (with George Williams and Brenda Gunn).

'Native Title and the “Acquisition of Property” under the Australian Constitution ' (2004) 28 Melbourne University Law Review 28.

'Native Title in the High Court of Australia a decade after Mabo' (2003) 14 Public Law Review 209.

'Rights-based Reconciliation Needs Renewed Action from Canberra ' (2003) 28 Alternative Law Journal 122 (with George Williams and Vanessa Bosnjak).

Other Journal Articles (unrefereed)

'Aboriginal Land Still Vulnerable', Reform: A Journal of National and International Law Reform , Issue 93, 2009, pp26-27.

'Government Expropriation for Private Profit Hits Aboriginal Land Hardest' (2008) 7(6) Indigenous Law Bulletin 2.

'Fishing Case Tests Economic Waters for Traditional Owners' (2008) 7(2) Indigenous Law Bulletin 18 (with Peta MacGillivray).

'Indigenous Legal Education at UNSW: A Work-in-Progress' (2005) 6(8) Indigenous Law Bulletin 26 (with Deborah Healey , Jill Hunter , Dani Johnson, Mehera San Roque and Leon Wolff).

'Reconciliation in Australia : the Relationship between Indigenous Peoples and the Wider Community' (2004) 11 Brown Journal of World Affairs 149.

'Judicial Review and the Pre-trial Process', AIAL Forum No. 26, September 2000.

'As Good As Their Word', Current Issues in Criminal Justice. Journal of the Institute of Criminology Vol 6 No 2, November 1994, 264-274.

Book Reviews

Compromised Jurisprudence: Native Title Cases Since Mabo by Lisa Strelein (2007) 6(26) Indigenous Law Bulletin 21.

A New Constitution for Australia by Bede Harris [2003] Public Law 831-832.

'Second Native Title Report by Social Justice Commissioner Dodson' (1996) 3 (78) Aboriginal Law Bulletin .

Reports

'Eventually they get it all...': Government Management of Aboriginal Trust Money in New South Wales (Indigenous Law Centre, 2006) (with Zoe Craven).

Aboriginal Land Rights (Northern Territory) Amendment Bill 2006: Report on Parliamentary Process , September 2006 <www.apo.org.au/linkboard/results.chtml?filename_num=101998> (with Allison Rickett)

Submissions to Parliamentary and Other Inquiries

Submission to Senate Community Affairs Committee Inquiry into Petrol Sniffing and Substance Abuse in Central Australia, 27 August 2008 (with Jonathan Dillon).

Submission to the Northern Territory Emergency Response Review Board on NT Intervention Measures, 22 August 2008.

Submission and Supplementary Submission to Senate Legal and Consitutional Affairs Legislation Committee Inquiry into the Northern Territory National Emergency Response Bill 2007 & Related Bills, 9/10 August 2007 (with Talia Epstein and Edwina MacDonald).

Submission to Senate Legal and Constitutional Affairs References Committee Inquiry into Stolen Wages (5 October 2006) (with Zoe Craven for the Indigenous Law Centre).

Submission to Senate Community Affairs Legislation Committee Inquiry into Aboriginal Land Rights ( Northern Territory ) Amendment Bill 2006, 17 July 2006.

Submission to Legal, Constitutional and Administrative Review Committee, Queensland Parliament for its Inquiry into Aboriginal and Torres Strait Islander Peoples' Participation in Queensland's Democratic Process, 10 April 2003 (with George Williams and Nick Hume ).

Submission to Senate Legal and Constitutional Legislation Committee for its Inquiry into the Progress Towards National Reconciliation, 6 November 2002 (with George Williams and Vanessa Bosnjak)

Issues Papers

Could a Treaty make a Practical Difference in People's Lives? The Question of Health and Well-being Issues Paper No 4, Treaty Project, Gilbert + Tobin Centre of Public Law (January 2005).

Native Title and the Treaty Debate - What's the Connection? Issues Paper No 3, Treaty Project, Gilbert + Tobin Centre of Public Law (May 2004).

Treaty: What's Sovereignty Got To Do With It? Issues Paper No 2, Treaty Project, Gilbert + Tobin Centre of Public Law (January 2004) (with Brenda Gunn and George Williams).

Why 'Treaty' and Why this Project? Issues Paper No 1, Treaty Project, Gilbert + Tobin Centre of Public Law (January 2003)

Selected Conference Papers and Presentations

Panel Member, ‘Australian Constitutional Futures', 2009 G ilb ert + Tobin Centre of Public Law Constitutional Law Conference, Sydney, 20 February 2009.

'The Section 47s in the Native Title Act - their Political and Legislative History', delivered at Federal Court of Australia Research Directorate, Sydney, 13 October 2008.

'Indigenous Peoples and the Australian Constitution', delivered at The Brooklyn Gathering, Sydney, 3 April 2008.

'Recent Developments in Native Title Case Law: Continuity, Connection and the Group' delivered at Human Rights and Equal Opportunity Commission Legal Bulletin Seminar, Sydney, 4 June 2007.

'The State of Play in Acquisition of Property: Theophanous v The Commonwealth ' delivered at the 2007 G ilb ert + Tobin Centre of Public Law Constitutional Law Conference, Sydney, 16 February 2007.

'Chequered Progress: Recognition of Indigenous Rights, Laws and Authority in Australia ', delivered at American Society of Comparative Law Symposium on Multiple Sovereignties: Federalism in the 21st Century, Honolulu , Hawai'i , 28 October 2005.

'The Treaty Idea', delivered at Local Government Community Services Association of Australia's Just Communities Conference , Melbourne, 26 October 2005.

'The Treaty Project', UNSW Faculty of Law Seminar Series, Sydney , 6 September 2005.

'Modern Treaty-Making in Australia ', delivered at Talk Blak 3: Remembering Batman - Treaties and Justice, Federation Square , Melbourne , 15 June 2005.

'The Idea of Modern Treaty-Making between Indigenous Peoples and Australian Governments' delivered at the 2004 Conference of the International Bar Association, Auckland, New Zealand, 26 October 2004.

'Learning From Each Other: Overseas Influences on an Australian Project about Treaties' delivered at Association for Canadian Studies in Australia and New Zealand (ACSANZ) Biennial Conference, Sydney , 24 September 2004 .

'The Possibility of Treaty-Making' delivered at Terra Alterius: Land of Another, Ivan Dougherty Gallery, Sydney, 20 August 2004.

'Indigenous Peoples under the Australian Constitution and Recent Developments on Treaty, Reconciliation and Native Title' delivered at Faculty of Law, University of Auckland, 25 November 2003 (with George Williams).

'A Treaty Project' delivered at National Community Legal Centre s Conference, Hobart , 2 September 2003 .

'Treaty Issues in Australia ' delivered at ANTaR WA forum on Sovereignty, Identity and Justice – Recognising Aboriginal Nations, Perth , 26 August 2003 .

'Should Australia have a Treaty (or Treaties) with Its Indigenous Peoples?' delivered at Faculty of Law Seminar Series, Sydney, 15 April 2003.

'Ward, Wilson and Yorta Yorta: The High Court, Native Title and the Constitution a Decade after Mabo' delivered at the Gilbert + Tobin Centre of Public Law 2003 Constitutional Law Conference, NSW Parliament House, Sydney, 21 February 2003.

'Our Side of the Fence' delivered at Treaty – Moving Reconciliation Forward, Australian Institute of Aboriginal & Torres Strait Islander Studies, Canberra , 4 December 2002 .

'Whitlam and the Value of Law in Indigenous Affairs: Lessons for the Contemporary Debate on Reconciliation and a Treaty' delivered at Thirty Years Later: The Whitlam Government and Modernist Politics, Old Parliament House, Canberra, 3 December 2002.

'Native Title and the Just Terms Guarantee for the Acquisition of Property' delivered at the Native Title Conference: Outcomes and Possibilities, Geraldton, 5 September 2002