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Judge questions Native Title laws (Read 426 times)
Brian Ross
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Judge questions Native Title laws
Aug 8th, 2023 at 7:04pm
 
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It seems that I have upset a Moderator and are forbidden from using posting to the general forum now. So much for Freedom of Speech. Tsk, tsk, tsk...   Roll Eyes Roll Eyes
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Sir Grappler Truth Teller OAM
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Re: Judge questions Native Title laws
Reply #1 - Aug 8th, 2023 at 7:13pm
 
Well - when the People's Steam Roller gets into full swing following the destruction of the voice - native title will be among the things brought under the microscope and made perfectly clear or even abolished.

The demand for a Royal Commission is growing.... might be cheaper to circumvent that and simply start a new Party Of Sense...the POS... for too long we've been treated like POS with no rights even to discussion.... now POS strikes back.... the POS is about to hit the fan....
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Frank
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Re: Judge questions Native Title laws
Reply #2 - Aug 8th, 2023 at 7:58pm
 
Brian Ross wrote on Aug 8th, 2023 at 7:04pm:

Traditional owners are seeking upwards of $500 million in unpaid royalties and interest along with hundreds of millions of dollars more for cultural and spiritual losses.



What a farce.

What's the traditional Aboriginal word for '$500 million"?
For "cultural and spiritual losses"?


There is absolutely nothing authentic about any of these claims. If you were an authentic traditional Aboriginal, what value did money have for you for 30 thousand years?

What is the cultural and spiritual value they have lost? Spell it out. This has now become a catch-all gambit claim for filthy lucre.

Most Aboriginal cultural and spiritual values are either laughably primitive or grossly repulsive. Now replaced by money grabbing.




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Frank
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Re: Judge questions Native Title laws
Reply #3 - Aug 8th, 2023 at 10:07pm
 
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Re: Judge questions Native Title laws
Reply #4 - Aug 8th, 2023 at 10:57pm
 
As I have said elsewhere, it is time for Australians to take sides. We cannot allow radical Leftists to destroy the Commonwealth piecemeal. Mainstream Australia will have to go for the jugular.
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John Smith
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Re: Judge questions Native Title laws
Reply #5 - Aug 9th, 2023 at 8:46am
 
issuevoter wrote on Aug 8th, 2023 at 10:57pm:
As I have said elsewhere, it is time for Australians to take sides.



you were wrong the first time you said it, why bother repeating it and risking further embarrassment?
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Frank
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Re: Judge questions Native Title laws
Reply #6 - Aug 9th, 2023 at 9:40am
 
issuevoter wrote on Aug 8th, 2023 at 10:57pm:
As I have said elsewhere, it is time for Australians to take sides. We cannot allow radical Leftists to destroy the Commonwealth piecemeal. Mainstream Australia will have to go for the jugular.


Whether the Voice gets up or not,  the parliamentary debate and the ongoing dispute over the legislated shape of an Aboriginal advisory body will be ongoing and ferocious. That's when the details will have to be discussed and will deepen the divisions even further.

Because it will be legislated by Labor, with or without constitutional change, even if the NO case prevails with a significant (60% +) majority.  Racial divisions and hostilities will not abate whichever way thd referendum goes.
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Lisa Jones
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Re: Judge questions Native Title laws
Reply #7 - Aug 9th, 2023 at 10:40am
 
issuevoter wrote on Aug 8th, 2023 at 10:57pm:
As I have said elsewhere, it is time for Australians to take sides. We cannot allow radical Leftists to destroy the Commonwealth piecemeal. Mainstream Australia will have to go for the jugular.


Agreed! Only an unemployed ignorant idiot on drugs wouldn’t!
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Lisa Jones
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Re: Judge questions Native Title laws
Reply #8 - Aug 9th, 2023 at 10:45am
 
Frank wrote on Aug 9th, 2023 at 9:40am:
issuevoter wrote on Aug 8th, 2023 at 10:57pm:
As I have said elsewhere, it is time for Australians to take sides. We cannot allow radical Leftists to destroy the Commonwealth piecemeal. Mainstream Australia will have to go for the jugular.


Whether the Voice gets up or not,  the parliamentary debate and the ongoing dispute over the legislated shape of an Aboriginal advisory body will be ongoing and ferocious. That's when the details will have to be discussed and will deepen the divisions even further.

Because it will be legislated by Labor, with or without constitutional change, even if the NO case prevails with a significant (60% +) majority.  Racial divisions and hostilities will not abate whichever way the referendum goes.


Which is why I agree with issuevoter’s post. Also I think the higher the NO vote the easier it will be to argue back AND put the fear of God into Labor because they will soon wake up to the probable reality of a bloodbath loss in the next election.
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Sir Grappler Truth Teller OAM
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Re: Judge questions Native Title laws
Reply #9 - Aug 9th, 2023 at 12:25pm
 
Lisa Jones wrote on Aug 9th, 2023 at 10:45am:
Frank wrote on Aug 9th, 2023 at 9:40am:
issuevoter wrote on Aug 8th, 2023 at 10:57pm:
As I have said elsewhere, it is time for Australians to take sides. We cannot allow radical Leftists to destroy the Commonwealth piecemeal. Mainstream Australia will have to go for the jugular.


Whether the Voice gets up or not,  the parliamentary debate and the ongoing dispute over the legislated shape of an Aboriginal advisory body will be ongoing and ferocious. That's when the details will have to be discussed and will deepen the divisions even further.

Because it will be legislated by Labor, with or without constitutional change, even if the NO case prevails with a significant (60% +) majority.  Racial divisions and hostilities will not abate whichever way the referendum goes.


Which is why I agree with issuevoter’s post. Also I think the higher the NO vote the easier it will be to argue back AND put the fear of God into Labor because they will soon wake up to the probable reality of a bloodbath loss in the next election.


The way the voice is going on various social media - it will be drowned in a tsunami about 90% NO.  Pity the opposition is so desperately poor that they are not worth considering - so who does Australia turn to?  It's either the one party that has opposed this all along or a new party that incorporates as policies all the things that The People are growing to realise need to be fixed NOW.

Side note - the latest Labor politician to commit political suicide by saying the voice is a single pretty page is Tanya Plibersek.  Shows the true quality of Labor leadership well-basted in your cash for life, eh?  Those who've pushed this insanity should be made to pay back the cost out of their super super fund.  FFS..... we pay these people $4,000+ - $10,000+ a WEEK to do this to us all... plus perks you never dreamed of and the most preferential 'superannuation' scheme outside of some rich man's private scheme, and all they do is fatten mightily out of your pockets.

Wake Up, Australia!!
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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Re: Judge questions Native Title laws
Reply #10 - Aug 9th, 2023 at 2:00pm
 
Well - they need to be questioned as part of the Royal Commission Into Malfeasance Surrounding Indigenous Affairs.... and set right so as to reflect the realities of modern day Australia.

Apres Albo La Deluge!
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Re: Judge questions Native Title laws
Reply #11 - Aug 10th, 2023 at 6:45pm
 
Well may they say God Save The King - because nothing will save the Native Title laws...
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Frank
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Re: Judge questions Native Title laws
Reply #12 - Oct 27th, 2025 at 10:08am
 
...


Sovereignty and Lorefare

Robert Hill,  Oct 27 2025

On the night the Native Title Act 1993 (Cth) was passed, Opposition Leader John Hewson called it “a day of shame for the Australian Parliament.” It was far worse than that. In an act of ideological abdication, the Keating Government forced the legislation through Parliament in record time, not to enshrine the fiction of Mabo, but to transform it into racial entitlement. What had been cautious judicial invention of rights that never existed was recast as a permanent statutory entitlement, binding the nation to a racial principle of landholding unprecedented in Australian law. It marked the moment when Parliament declared that rights may be conferred not by conduct or contribution but by descent.

If Australians truly understood the Native Title Act 1993 [NTA], they would be appalled. Behind its language of justice and recognition lies a festering legal fiction, a system that corrodes equality, divides the nation by ancestry, and sells that division as “reconciliation”.

Across the continent there once existed some 6000 distinct native clans or “hordes”, comprising perhaps 300,000 people in total. Each group averaged forty to eighty members, governed by kinship, taboo, and local totemic obligation. These were not systems of public law but micro-societies, familial, moral, and spiritual, governing internal relations rather than territorial sovereignty.

Custom or practice is not law: it is mutable, unverifiable, and incapable of generating enforceable rights beyond the family or horde. When British sovereignty was declared, all such local norms were displaced; no independent authority remained. What persisted, if at all, were fragments of culture, not systems of law. To speak of the continuity of traditional law is therefore to speak of a fiction.

Native title merely converts the residue of custom into the language of statutory recognition, an act of preservation that confirms extinction, not survival.

What was lost was not sovereignty but the authority of custom, the local rule of kin, the power of elders, the moral weight of reciprocity and obligation. These were the instruments of order in thousands of small societies, but they possessed no universal law, no written code, and no continuity beyond the memory of the living. When British sovereignty was declared, that authority ended. What remained was culture without coercive power, memory without enforcement.

Nothing now endures that the law should recognise. The NTA and its jurisprudence do not revive Aboriginal legal systems; they translate fragments of behaviour into supreme property rights at the Crown’s expense.
https://quadrant.org.au/news-opinions/the-law/sovereignty-surrendered-to-myth-an...
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Re: Judge questions Native Title laws
Reply #13 - Oct 27th, 2025 at 10:13am
 
Judicial Invention

The modern doctrine of native title was born not from ancient law but from judicial invention. In Mabo v Queensland (No 2) (1992), the High Court, disregarding and despite the detailed findings of Justice Moynihan — the trial judge appointed to hear evidence on Murray Island — declared that an undefined “native title” nevertheless survived alongside the Crown’s radical title.

Moynihan’s task had been to gather and assess the evidence of traditional law and custom. After years of testimony, he concluded that those systems had long ceased to operate as a living order. Yet the High Court, sitting as a court of legal principle rather than fact, set that conclusion aside and created a doctrine of survival unsupported by the very record before it. The result was a paradox: the Crown was said to hold title to the land yet without the rights of ownership, a sovereign burdened with all the liabilities of territory (law, order, environmental duty, infrastructure, compensation, and public management) but stripped of its benefits (exclusive possession, rents, control, and economic use). The Court thereby recast the Crown as custodian of obligations while displacing the proprietary and economic value of ownership to a racially delimited category of entitlement unknown to British law.

From Common Law to Statute

From that act of judicial creation by the High Court, the Keating Government, guided by ideological advisers such as Marcia Langton, constructed the NTA transforming a fragile native title into a permanent statutory tenure. The NTA was introduced under the pretence of giving statutory form to what the common law had recognised in Mabo; and yet in reality, it expanded, reinterpreted, and racialised that doctrine, effectively untethering native title from its core foundation in traditional customs and usages. What in Mabo was meant to be tentative and evidentiary became, through legislation, absolute and political: a new form of landholding defined not by possession or control, but by ancestry and assertion.

Modern determinations now routinely depart from the very core requirement of the NTA, that native title rights must be possessed under traditional laws acknowledged and traditional customs observed, and that those laws and customs must have continued substantially uninterrupted since sovereignty. This statutory test, reaffirmed in Yorta Yorta, is no longer applied in substance. Continuity has been replaced by assumption; evidence by agreement; and law by administration.

Section 223(1) of the NTA defines native title by reference to rights and interests ‘possessed under the traditional laws acknowledged, and traditional customs observed’ by Aboriginal peoples and Torres Strait Islanders. This directly embeds the common law test of continuity of law and custom.

Section 7(1) of the NTA provides: This Act is to be read and construed subject to the Racial Discrimination Act 1975 [RDA].  This clause makes clear that the NTA cannot operate in a manner inconsistent with the RDA; where inconsistency arises, any determination made under the NTA is invalid.

Put simply, if any determination fails to demonstrate genuine and continuous observance of traditional law and custom, as required by section 223(1) of the NTA and affirmed in Yorta Yorta, that determination contravenes the RDA.  The result is an unlawful, permanent, race-based proprietary tenure that the NTA was never intended to authorise. Yet this is precisely what has occurred in Australia: a pan-continental system of racial entitlement, industrial in scale and insulated from legal scrutiny.


Non-exclusive native title now blankets half of the Australian continent, an area larger than Western Europe, without conferring control or imposing responsibility, yet encumbering every act of government, development, and use. It is a tenure without possession but heavy with liability, a statutory shadow that overlays the Crown’s estate and turns ordinary governance into an exercise in negotiation. Each consent determination adds another invisible fence, another layer of compensation risk, another step away from the principle that land in Australia is held under one law for all.

And yet no one confronts the one immutable fact of Australian law, articulated in Yorta Yorta, once “the tide of history” interrupts acknowledgment and observance native title is extinguished. It is not enough that people retain cultural identity or ancestral descent; what must persist is the binding normative order that defines land ownership and obligation. Cultural memory, revival, or modern adaptation cannot resurrect it and yet perversely, and contradictorily, here we are.


https://quadrant.org.au/news-opinions/the-law/sovereignty-surrendered-to-myth-an...
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Re: Judge questions Native Title laws
Reply #14 - Oct 27th, 2025 at 12:45pm
 
Native Title needs to be fully and totally clarified to state precisely what it is for any given handout...... not just be a loose non-definition with so many loop-holes you could drive a kangaroo mob through them one after another ...

Every time some idiot - with very few exceptions - hands out a freebie 'land grab' according to 'Native Title' - they fail to specify that 'Native Title' in that particular case either allows the same rights as are already exercised by all - freedom of movement, camping on free range, access to public sites etc, while adding the possibility that licencing for hunting and fishing etc are waived and that very clearly specified sites for genuine ceremonies might be preserved - OR that it is a totally freehold handover of a huge swathe of public land......

Both of those cause problems. 

FAILING to specify that it is NOT a freehold handout, but is bound by specific rules, creates trouble endlessly for everyone by giving latitude for conflict over interpretation of 'ownership' .....

Giving vast swathes of land out as freehold handout is untenable and quite illegal under the modern NATIONAL rules over lands and acquisition - and recognition of past colonisation by one small group in a much broader nation these days is totally untenable - and will become ever more so with the current artificial growth of overall population - as well as being vastly out of synch with history and modern ways.  It is frankly bizarre to suggest that the Western Colonisation is not valid, whereas every previous colonisation over thousands of years of death and destruction is valid. *

The REAL solution to 'land claims' is to give a reasonable amount as Freehold so as to establish a community etc and develop homes and such - while simply re-stating the UNIVERSAL rights to access, camping, licenced fishing and hunting, and everything else to the rest of that Crown Land (apart from very clearly set down and delineated GENUINE 'sacred sites' and not just this swathe is sacred to us BS which should be protected anyway under National Parks and icons).

I doubt very many have any real issue with shutting down climbing on Ayers Rock... but handing it over whole to a group that restricts even basic access while demanding money for a distant view is a hostile act.  On the other hand, there is zero argument for shutting down access to Mt Warning for its spiritual things, such as viewing the first New Year's dawn from it - things that affect everyone equally - and there is no safety reason to shut down what were effective walking tracks.

This needs to be resolved NOW - and it is clear that the only reason this portion of The Madness is allowed to persist is that those with an interest WANT to continue troubles and unrest and division leading to eventual civil war.

How long do you really imagine people are going to allow some government dickweed far away to dictate to them that their land, homes, towns, facilities and so forth are suddenly going to be handed over to some group you never heard of and whose only claim is that they say their ancestors once walked there on their nomadic trip?  Even if that were true - which in many cases it is not - that kind of ideology is Madness pure and simple.

It's 2025... not 1725, kiddies.  Get with the program or get out back to Indonesia or wherever your ancestors came from ... or start paying rent on all the facilities you get to use now built by the Civilisers.

"Fwow 'im thum land wights!"

"Sir?"

"Fwow 'im thum land wights!!"

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« Last Edit: Oct 27th, 2025 at 12:53pm by Sir Grappler Truth Teller OAM »  

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