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  • Eatts V Gundy and Torres Strait Islander Traditional Adoptions

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    Author(s)
    Loban, Heron
    Booker, Aidan
    Van Doore, Kate
    Griffith University Author(s)
    van Doore, Kate E.
    Booker, Aidan W.
    Loban, Heron L.
    Year published
    2015
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    Abstract
    Torres Strait Islander traditional adoption has been the subject of political and legal debate for decades. While the law has given consideration and limited recognition to Torres Strait Islander adoption, the case of Eatts v Gundy ('Eatts') in Queensland raises once more the unresolved conflict between state law and Aboriginal and Torres Strait Islander laws (traditions). In Eatts, the primary issue was whether a child traditionally adopted in accordance with Aboriginal law could be viewed as an 'issue' or 'child' under the Succession Act 1981 (Qld). Although Eatts involved Aboriginal law, the Queensland Court of Appeal's ...
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    Torres Strait Islander traditional adoption has been the subject of political and legal debate for decades. While the law has given consideration and limited recognition to Torres Strait Islander adoption, the case of Eatts v Gundy ('Eatts') in Queensland raises once more the unresolved conflict between state law and Aboriginal and Torres Strait Islander laws (traditions). In Eatts, the primary issue was whether a child traditionally adopted in accordance with Aboriginal law could be viewed as an 'issue' or 'child' under the Succession Act 1981 (Qld). Although Eatts involved Aboriginal law, the Queensland Court of Appeal's treatment of traditional adoption in Eatts acts as a precedent for the consideration of Torres Strait Islander traditional adoptions by Queensland's succession law. Critically, the decision sits in direct contrast to the efforts of the Family Court of Australia in recognising Torres Strait Islander traditional adoption. A recent example is the case of Beck v Whitby ('Beck').
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    Journal Title
    Indigenous Law Bulletin
    Volume
    8
    Issue
    20
    Publisher URI
    http://www.ilc.unsw.edu.au/publications/indigenous-law-bulletin-820
    Copyright Statement
    © 2015 Indigenous Law Centre and the authors. The attached file is reproduced here in accordance with the copyright policy of the publisher. For information about this journal please refer to the journal’s website or contact the authors.
    Subject
    Aboriginal and Torres Strait Islander Law
    Policy and Administration
    Law
    Publication URI
    http://hdl.handle.net/10072/98964
    Collection
    • Journal articles

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    Tagline

    • Gold Coast
    • Logan
    • Brisbane - Queensland, Australia
    First Peoples of Australia
    • Aboriginal
    • Torres Strait Islander