About the Book

From the mis-application of the doctrine of Terra Nullius to the dependence on flawed and discredited precedent in calling on the doctrine of Act of State, the illegality of the dispossession of Australia’s indigenous people is laid bare.

This legal deconstruction of the major cases reveals the extreme fragility of the arguments denying Indigenous sovereignty. In fact, it shows that the very arguments used to deny this sovereignty, actually demand its recognition.

The Australian High Court has tied itself in knots to avoid facing the reality of Indigenous sovereignty. These knots are a legal fiction whose undoing illustrates the advantages of joint sovereignty as a just way forward for all Australian people.