Jump to ContentJump to Main Navigation
The Land Is Our HistoryIndigeneity, Law, and the Settler State$
Users without a subscription are not able to see the full content.

Miranda Johnson

Print publication date: 2016

Print ISBN-13: 9780190600020

Published to Oxford Scholarship Online: October 2016

DOI: 10.1093/acprof:oso/9780190600020.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 November 2021

Australia’s First “First People”

Australia’s First “First People”

Chapter:
(p.35) 2 Australia’s First “First People”
Source:
The Land Is Our History
Author(s):

Miranda Johnson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190600020.003.0003

Chapter 2 focuses on the first native title claim made in an Australian court, the Gove land rights case of 1971. Describing the leading figures involved in the case, it examines why Yolngu people in remote Arnhem Land decided on a risky legal strategy, since there was no precedent in Australian law for native title. The chapter focuses in particular on evidentiary debates about admitting Yolngu testimony into court, which Crown lawyers argued amounted to hearsay. This apparently technical argument highlighted larger questions of acknowledging indigenous peoples as both coeval with settlers and also as having a distinct history that deserved a fair hearing in court. Evidentiary arguments had larger implications for the status of Aborigines as Australia’s “first people.”

Keywords:   Yolngu, Gove land rights case, Milirrpum v. Nabalco, native title, Richard Blackburn, Ted Woodward, Roy Marika, W. E. H. Stanner, legal evidence, first Australians

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .