Associate Professor Sean Brennan

Sean Brennan is Director of the Gilbert + Tobin Centre of Public Law and teaches and writes mainly in the areas of constitutional law, native title and Aboriginal land rights. After working as a judge's associate in the Federal Court, with various Aboriginal and other community organisations and in the Commonwealth Parliament’s research service, Sean joined the UNSW Faculty of Law in May 2002. He is the Director of the Gilbert + Tobin Centre’s Indigenous Legal Issues Project and earlier, between 2002 and 2005, was Director of the Centre’s Treaty Project. He is the co-editor and co-author of several books including of Blackshield & Williams Australian Constitutional Law and Theory (Federation Press, 7th ed, 2018), Native Title from Mabo to Akiba: A Vehicle for Change and Empowerment? (Federation Press, 2015), Indigenous Legal Issues: Commentary and Materials (Thomson Reuters, 4th ed, 2009) and Treaty (Federation Press, 2005). He has also worked with a range of Aboriginal organisations and has given evidence and made submissions to a number of parliamentary and other inquiries. He has supervised several PhD students to completion, mainly in relation to native title and Aboriginal land rights issues. A full list of publications can be found on the Faculty webpage.

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Book Chapters

Brennan S;Davis M, 2018, 'First Peoples', in Saunders C;Stone A (ed.), The Oxford Handbook of the Australian Constitution, Oxford University Press, http://dx.doi.org/10.1093/law/9780198738435.003.0002

Appleby G;Brennan S;Lynch A, 2018, 'Keep Calm and Carry On: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education', in Lindgren K;Kunc F;Coper M (ed.), The Future of Australian Legal Education, Thomson Reuters, Sydney, pp. 389 - 399, http://dx.doi.org/10.2139/ssrn.3233424

Brennan S, 2016, 'Constitutional Amendment and the Issue of Trust', in Young S;Nielsen J;Patrick J (ed.), Constitutional Recognition of Australia's First Peoples: Theories and Comparative Perspectives, The Federation Press, Sydney, pp. 89 - 102

Brennan S, 2016, 'Certainty, Co-existence and the Legacy of Mabo: Justice North in the Miriuwung Gajerrong Native Title Case (2000)', in Lynch A (ed.), Great Australian Dissents, Cambridge University Press, Cambridge, pp. 290 - 310

Brennan S, 2015, 'The Significance of the Akiba Torres Strait Regional Sea Claim Case', in Brennan S;Davis ME G A N;Edgeworth B;Terrill L (ed.), Native Title from Mabo to Akiba: A vehicle for Change and Empowerment?, The Federation Press, Sydney, pp. 29 - 43

Brennan S;Davis M;Edgeworth B;Terrill L, 2015, 'The Idea of Native Title as a Vehicle for Change and Empowerment', in Brennan S;Davis M;Edgeworth B;Terrill L (ed.), Native Title from Mabo to Akiba A Vehicle for Change and Empowerment?, pp. 2 - 13

Brennan S, 2010, 'The Disregard for Legal Protections of Aboriginal Land Rights in Early South Australia', in Berg S (ed.), Coming to Terms: Aboriginal Title in South Australia, edn. Original, Wakefield Press, pp. 90 - 121

Brennan S, 2009, 'Native Title: Specific Features of Law and Process', in Indigenous Legal Issues Commentary and Materials, Lawbook Company, pp. 341 - 388

Brennan S, 2009, 'Native Title: An Overview of its Development in Australia', in Indigenous Legal Issues Commentary and Materials, Lawbook Company, pp. 277 - 340

Brennan S, 2009, 'Land Rights Legislation', in Indigenous Legal Issues Commentary and Materials, Lawbook Company, pp. 221 - 276

Brennan S, 2009, 'The Indigenous Estate', in Indigenous Legal Issues Commentary and Materials, Lawbook Company, pp. 199 - 220

Brennan S, 2003, 'Whitlam and the Value of Law in Indigenous Affairs: Lessons for the Contemporary Debate on Reconciliation and a Treaty?', in Hocking J;Lewis C (ed.), It`s Time Again: Whitlam and Modern Labor, edn. Original, Melbourne Publishing Group, Armadale, Victoria, pp. 138 - 165

Books

Williams G;Brennan S;Lynch A;Blackshield AR, 2018, Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials, 7th, Federation Press, Leichhardt, NSW

Brennan S;Craven Z, 2006, Eventually they get it all...` Government Management of Aboriginal Trust Money in New South Wales, Original, Indigenous Law Centre, Sydney

Williams G;Brennan S;Behrendt L;Strelein L, 2005, Treaty, Original, Federation Press, Sydney

Conference Papers

Brennan S, 2010, 'Indigenous Property Rights, the Judiciary and the Australian Constitution’', in Indigenous Property Rights, the Judiciary and the Australian Constitution, VIIIth World Congress of the International Association of Constitutional Law, Mexico City, presented at VIIIth World Congress of the International Association of Constitutional Law, Mexico City, 08 December 2010, http://www.juridicas.unam.mx/wccl/ponencias/7/112.pdf

Conference Presentations

Lynch A;Appleby G;Brennan S, 2017, 'Keep Calm and Carry On: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education', presented at The Future of Legal Education Conference, Australian Academy of Law, Sydney, 11 - 13 August 2017

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

Brennan S, 2004, 'Learning from each other: overseas influences on an Australian project about treaties', presented at Association for Canadian Studies in Australia and New Zealand (ACSANZ) Biennial Conference, Sydney, 24 September 2004

Brennan S, 2004, 'Native Title, Regional Autonomy and Treaty', presented at ANTar National Congress, Brisbane, Qld, 18 June 2004

Brennan S, 2004, 'The Possibility of Treaty Making', presented at Terra Alterius: Land of Another, Sydney, 20 August 2004

Journal articles

Brennan S;Davis M, 2014, 'Koowarta: Constitutional landmark, transition point or missed opportunity?', Griffith Law Review, vol. 23, pp. 79 - 91, http://dx.doi.org/10.1080/10383441.2014.944008

Brennan S, 2012, 'Section 51 (xxxi) and the Acquisition of Property under Commonwealth-State Arrangements: The relevance to Native Title Extinguishment on Just Terms', Australian Indigenous Law Review, vol. 15, pp. 74 - 86, http://www.ilc.unsw.edu.au/publications/australian-indigenous-law-review

Brennan S, 2012, 'Constitutional Reform and its Relationship to Land Justice', Land, Rights, Laws: Issues of Native Title, vol. 5, pp. 1 - 16

Brennan S, 2010, 'Territory Exceptionalism and Indigenous Property Holders: Federalism, Rights Protection and the Australian Constitution', City University of Hong Kong Law Review, vol. 2, pp. 117 - 135

Brennan S, 2010, 'Statutory Interpretation and Indigenous Property Rights', Public Law Review, vol. 21, pp. 239 - 262

Brennan S, 2009, 'Wurridjal v Commonwealth: The Northern Territory intervention and just terms for the acquisition of property', Melbourne University Law Review, vol. 33, pp. 957 - 983

Brennan S, 2008, 'Compulsory acquisition of native title land for private use by third parties¿', Public Law Review, vol. 19, pp. 179 - 196

Brennan S, 2008, 'Wet or Dry, It's Aboriginal Land: The Blue Mud Bay Decision on the Intertidal Zone', Indigenous Law Bulletin, vol. 7, pp. 2 - 3

Brennan S, 2006, 'Economic Development and Land Council Power: Modernising the Land Rights Act or Same Old Same Old?', Australian Indigenous Law Review, vol. 10, pp. 1 - 34

Brennan S;Healey DJ;Hunter JB;Johnson D;San Roque M;Wolff LT, 2005, 'Indigenous Legal Education at UNSW: A Work-In-Progress', Indigenous Law Bulletin, vol. 6, pp. 26 - 29

Brennan S, 2004, 'Native Title and the `Acquisition of Property` under the Australian Constitution', Melbourne University Law Review, vol. 28, pp. 28 - 79

Brennan S;Williams G;Gunn B, 2004, 'Sovereignty and its Relevance to Treaty-Making Between Indigenous Peoples and Australian Governments', Sydney Law Review, vol. 26, pp. 307 - 352

Brennan S, 2003, 'Native title in the High Court of Australia a decade after Mabo', Public Law Review, vol. 14, pp. 209 - 218

Brennan S;Bosnjak V;Williams G, 2003, 'Rights-based Reconciliation Needs Renewed Action from Canberra', Alternative Law Journal, vol. 28, pp. 122 - 126

Media

Brennan S;Butterly L, 2015, Blog post: High Court sharply divided in latest native title case, The Australian Public Law Blog, http://auspublaw.org/2015/06/high-court-sharply-divided-in-latest-native-title-case/

Other

Brennan S, 2014, Comment: Native Title Extinguishment Law in the High Court, Thomson Reuters (Professional)

Brennan S, 2012, Comment: Commercial Native Title Fishing Rights in the Torres Strait and the Question of Regulation versus Extinguishment

Davis MJ;Brennan S, 2007, A Narrative of Exclusion: Indigenous Rights in Australia, Australian Human Rights Centre

Brennan S, 2004, Reconciliation in Australia: the Relationship between Indigenous People and the Wider Community, Watson Institute for International Studies

Brennan S, 2003, Book review: A New Constitution for Australia by Bede Harris

Reports

Appleby G;dixon R;brennan S;mckinnon G, 2016, Submission to the Parliamentary Joint Committee on Human Rights, ‘Free speech inquiry’

Hoole GR;Appleby G;Brennan S;Chordia S, 2016, Submission to the Senate Select Committee on the Establishment of a National Integrity Commission

Brennan S;Ramkumar P, 2015, Submission to Tax White Paper Taskforce on Alcohol Taxation, Australia

Lynch A;Kildea P;Williams G, 2012, Submission to the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Australia

Brennan S, 2012, Submission on Low Aromatic Fuel Bill 24 July 2012, Australia

Brennan S, 2011, Submission to Expert Panel on Constitutional Recognition of Indigenous Australians, Australia

Brennan S, 2010, Submission to House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs Inquiry into the High Level of Involvement of Indigenous Juveniles and Young Adults in the Cr, Australia

Brennan S, 2009, Submission to National Human Rights Consultation on Indigenous Legal Issues (2009), Australia

Brennan S;Epstein T, 2007, Compulsory Acquisition of Property Rights (supplementary submission), Senate Legal and Constitutional Committee Inquiry into Aboriginal Communities in the NT, Compulsory Acquisition of Property Rights (supplementary submission)

Brennan S;Epstein T, 2007, Compulsory acquisition of Aboriginal property rights, www.aph.gov.au/senate/committee/legcon_ctte/nt_emergency/submissions/sub40.pdf, Senate Legal and Constitutional Committee inquiry into Commonwealth intervention on Aboriginal communities in the Northern Territory

Brennan S;Craven Z, 2006, Indigenous Law Centre, Submission 98 to the Senate Legal and Constitutional Affairs Committee for its Inquiry into Stolen Wages, October 2006 and Resarch Report as Attachment A., Senate Legal and Constitutional Affairs Committee, Indigenous Law Centre, Submission 98 to the Senate Legal and Constitutional Affairs Committee for its Inquiry into Stolen Wages, October 2006 and Resarch Report as Attachment A.

Williams G;Brennan S;Hume N, 2003, Submission to Legal, Constitutional and Administrative Review Committee, Queensland Parliament for its Inquiry into Aboriginal and Torres Strait Islander Peoples’ Participation in Queensland’s Democra, Queensland Parliament, Submission to Legal, Constitutional and Administrative Review Committee, Queensland Parliament for its Inquiry into Aboriginal and Torres Strait Islander Peoples’ Participation in Queensland’s Democra

Brennan S;Williams G;Bosnjak V, 2002, Submission to Senate Legal and Constitutional Legislation Committee for its Inquiry into the Progress Towards National Reconciliation, Senate Legal and Constitutional Legislation Committee, Submission to Senate Legal and Constitutional Legislation Committee for its Inquiry into the Progress Towards National Reconciliation

Constitutional law, Native title and land rights, Indigenous legal issues in general