Customary law

Authors: Hunyor, Jonathon

The Commonwealth Crimes Amendment (Bail and Sentencing) Act 2006 was introduced following significant media attention in 2005-06 which focused on allegations of widespread family violence and child abuse in remote […]

Authors: Dodson, Michael

For six years the author of this article was a special commissioner on the Law Reform Commission of Western Australia inquiry into the recognition of Aboriginal law and culture. The […]

Authors: Harris, Mark,

Within the last few years there has been an increasing trend in Australia towards the recognition of what can be loosely called ‘Aboriginal courts’, more specifically called ‘Nunga courts’, ‘Murri […]

Authors: Auty, Kate

The Shepparton Koori Court has just completed its first two years of operation, and has been subject to a high level of scrutiny and observation for the purposes of evaluation. […]

The obsession with the issue of the recognition of customary law has focused on the content of rules and customs rather than on the process of governing social relations, and […]

Authors: Douglas, Heather

Justice Martin Kriewaldt, a judge of the Northern Territory Supreme Court from 1951 to 1960, frequently struggled with the question of how to understand and distinguish Aboriginal people in relation […]

Based on a description of traditional methods of Indigenous dispute resolution and an analysis of the ways in which seemingly neutral laws contain and create bias, this chapter describes the […]

Wukindi rom is a way of practising dispute resolution, mediation and peace-making among the Yolngu people. Mawul rom is the application of the principles to the Dhurili Clan, to match […]

Australia’s criminal justice system is, for the most part, the model inherited from the British justice system. This model consistently yields high rates of recidivism by Aboriginal and Torres Strait […]

Authors: Clark, Geoff

Indigenous customary law should not be viewed simply in terms of traditional tribal punishments but should be seen principally as the application of cultural values and principles to Indigenous community […]