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Associate Professor Sean Brennan

Associate Professor Sean Brennan

Associate Professor

BA (Hons) LLB (Hons) LLM ANU

Law & Justice
School of Global & Public Law

Sean Brennan is Director of the Indigenous Legal Issues Project at the Gilbert + Tobin Centre of Public Law and was the Director of the Centre itself from 2014 to 2018. He teaches and writes mainly in the areas of constitutional law, native title and Aboriginal land rights. After working as a judge's associate in the Federal Court, with various Aboriginal and other community organisations and in the Commonwealth Parliament’s research service, Sean joined the UNSW Faculty of Law in May 2002. He is the co-editor and co-author of several books including Blackshield & Williams Australian Constitutional Law and Theory (Federation Press, 7th ed, 2018), Native Title from Mabo to Akiba: A Vehicle for Change and Empowerment? (Federation Press, 2015), Indigenous Legal Issues: Commentary and Materials (Thomson Reuters, 4th ed, 2009) and Treaty (Federation Press, 2005). He has also worked with a range of Aboriginal organisations and has given evidence and made submissions to a number of parliamentary and other inquiries. In 2016-17 he was part of the pro bono legal team that supported the Regional Dialogues and First Nations Constitutional Convention which culminated in the Uluru Statement from the Heart. He has supervised several PhD students to completion, mainly in relation to native title and Aboriginal land rights issues.
Phone
02 9065 9636
E-mail
s.brennan@unsw.edu.au
Location
Room 322 The Law Building University of New South Wales UNSW Kensington Campus Sydney NSW 2052 Australia (Access via Gate 2 off High Street)
  • Books | 2018
    Williams G; Brennan S; Lynch A; Blackshield AR, 2018, Blackshield and Williams Australian Constitutional Law and Theory: Commentary and Materials, 7th Edition, Federation Press, Leichhardt, NSW
    Books | 2014
    Blackshield A; Sean Brennan ; Williams G; Brennan S; Lynch A, 2014, Blackshield and Williams Australian Constitutional Law and Theory Commentary and Materials
    Books | 2006
    Brennan S; Craven Z, 2006, Eventually they get it all...` Government Management of Aboriginal Trust Money in New South Wales, Original, Indigenous Law Centre, Sydney
    Books | 2005
    Williams G; Brennan S; Behrendt L; Strelein L, 2005, Treaty, Original, Federation Press, Sydney
  • Book Chapters | 2022
    Behrendt J; Brennan S, 2022, 'Land Justice', in CAMBRIDGE LEGAL HISTORY OF AUSTRALIA, Cambridge University Press, pp. 377 - 401,
    Book Chapters | 2022
    Brennan S, 2022, 'Sir Anthony Mason and the Australian Constitution: Method and Vision', in McDonald B; Chen B; Gordon J (ed.), Dynamic and Principled: The Influence of Sir Anthony Mason, The Federation Press, Sydney, pp. 102 - 124
    Book Chapters | 2018
    Appleby G; Brennan S; Lynch A, 2018, 'Keep Calm and Carry On: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education', in Lindgren K; Kunc F; Coper M (ed.), The Future of Australian Legal Education, Thomson Reuters, Sydney, pp. 389 - 399,
    Book Chapters | 2018
    Brennan S; Davis M, 2018, 'First Peoples', in Saunders C; Stone A (ed.), The Oxford Handbook of the Australian Constitution, Oxford University Press,
    Book Chapters | 2016
    Brennan S, 2016, 'Certainty, Co-existence and the Legacy of Mabo: Justice North in the Miriuwung Gajerrong Native Title Case (2000)', in Lynch A (ed.), Great Australian Dissents, Cambridge University Press, Cambridge, pp. 290 - 310
    Book Chapters | 2016
    Brennan S, 2016, 'Constitutional Amendment and the Issue of Trust', in Young S; Nielsen J; Patrick J (ed.), Constitutional Recognition of Australia's First Peoples: Theories and Comparative Perspectives, The Federation Press, Sydney, pp. 89 - 102
    Book Chapters | 2015
    Brennan S; Chalk A, 2015, 'The Relevance of Statutory Land Rights to Native Title and Empowerment', in Brennan S; Davis M; Edgeworth B; Terrill L (ed.), Native Title from Mabo to Akiba A Vehicle for Change and Empowerment?, The Federation Press, Sydney, pp. 143 - 157
    Book Chapters | 2015
    Brennan S; Davis M; Edgeworth B; Terrill L, 2015, 'The Idea of Native Title as a Vehicle for Change and Empowerment', in Brennan S; Davis M; Edgeworth B; Terrill L (ed.), Native Title from Mabo to Akiba A Vehicle for Change and Empowerment?, pp. 2 - 13
    Book Chapters | 2015
    Brennan S, 2015, 'The Significance of the Akiba Torres Strait Regional Sea Claim Case', in Brennan S; Davis MEGAN; Edgeworth B; Terrill L (ed.), Native Title from Mabo to Akiba: A vehicle for Change and Empowerment?, The Federation Press, Sydney, pp. 29 - 43
    Book Chapters | 2010
    Brennan S, 2010, 'The Disregard for Legal Protections of Aboriginal Land Rights in Early South Australia', in Berg S (ed.), Coming to Terms: Aboriginal Title in South Australia, edn. Original, Wakefield Press, pp. 90 - 121
    Book Chapters | 2009
    Brennan S, 2009, 'Land Rights Legislation', in Indigenous Legal Issues Commentary and Materials, Lawbook Company, pp. 221 - 276
    Book Chapters | 2009
    Brennan S, 2009, 'Native Title: An Overview of its Development in Australia', in Indigenous Legal Issues Commentary and Materials, Lawbook Company, pp. 277 - 340
    Book Chapters | 2009
    Brennan S, 2009, 'Native Title: Specific Features of Law and Process', in Indigenous Legal Issues Commentary and Materials, Lawbook Company, pp. 341 - 388
    Book Chapters | 2009
    Brennan S, 2009, 'The Indigenous Estate', in Indigenous Legal Issues Commentary and Materials, Lawbook Company, pp. 199 - 220
    Book Chapters | 2003
    Brennan S, 2003, 'Whitlam and the Value of Law in Indigenous Affairs: Lessons for the Contemporary Debate on Reconciliation and a Treaty?', in Hocking J; Lewis C (ed.), It`s Time Again: Whitlam and Modern Labor, edn. Original, Melbourne Publishing Group, Armadale, Victoria, pp. 138 - 165
  • Edited Books | 2015
    Brennan S; Davis MJ; Edgeworth B; Terrill L, (eds.), 2015, Native Title from Mabo to Akiba: A Vehicle for Change and Empowerment?, Federation Press,
  • Journal articles | 2014
    Brennan S; Davis M, 2014, 'Koowarta:Constitutional landmark, transition point or missed opportunity?', Griffith Law Review, 23, pp. 79 - 91,
    Journal articles | 2012
    Brennan S, 2012, 'Constitutional Reform and its Relationship to Land Justice', Land, Rights, Laws: Issues of Native Title, 5, pp. 1 - 16
    Journal articles | 2012
    Brennan S, 2012, 'Section 51 (xxxi) and the Acquisition of Property under Commonwealth-State Arrangements: The relevance to Native Title Extinguishment on Just Terms', Australian Indigenous Law Review, 15, pp. 74 - 86,
    Journal articles | 2010
    Brennan S, 2010, 'Statutory Interpretation and Indigenous Property Rights', Public Law Review, 21, pp. 239 - 262
    Journal articles | 2010
    Brennan S, 2010, 'Territory Exceptionalism and Indigenous Property Holders: Federalism, Rights Protection and the Australian Constitution', City University of Hong Kong Law Review, 2, pp. 117 - 135
    Journal articles | 2010
    Brennan S, 2010, 'Wurridjal v Commonwealth: The Northern Territory Intervention and Just Terms for the Acquisition of Property', Melbourne University Law Review, 33, pp. 957 - 983,
    Journal articles | 2008
    Brennan S, 2008, 'Compulsory acquisition of native title land for private use by third parties¿', Public Law Review, 19, pp. 179 - 196
    Journal articles | 2008
    Brennan S, 2008, 'Wet or Dry, It's Aboriginal Land: The Blue Mud Bay Decision on the Intertidal Zone', Indigenous Law Bulletin, 7, pp. 2 - 3
    Journal articles | 2007
    Davis MJ; Brennan S, 2007, 'A narrative of exclusion: Indigenous rights in Australia', Human Rights Defender, 16, pp. 15 - 17,
    Journal articles | 2006
    Brennan S, 2006, 'Economic Development and Land Council Power: Modernising the Land Rights Act or Same Old Same Old?', Australian Indigenous Law Review, 10, pp. 1 - 34
    Journal articles | 2005
    Brennan S; Healey DJ; Hunter JB; Johnson D; San Roque M; Wolff LT, 2005, 'Indigenous Legal Education at UNSW: A Work-In-Progress', Indigenous Law Bulletin, 6, pp. 26 - 29
    Journal articles | 2004
    Brennan S; Williams G; Gunn B, 2004, 'Sovereignty and its Relevance to Treaty-Making Between Indigenous Peoples and Australian Governments', Sydney Law Review, 26, pp. 307 - 352
    Journal articles | 2004
    Brennan S, 2004, 'Native Title and the `Acquisition of Property` under the Australian Constitution', Melbourne University Law Review, 28, pp. 28 - 79
    Journal articles | 2003
    Brennan S; Bosnjak V; Williams G, 2003, 'Rights-based Reconciliation Needs Renewed Action from Canberra', Alternative Law Journal, 28, pp. 122 - 126
    Journal articles | 2003
    Brennan S, 2003, 'Native title in the High Court of Australia a decade after Mabo', Public Law Review, 14, pp. 209 - 218
  • Reports | 2019
    Brennan S, 2019, 'Australia' in The Indigenous World 2019, International Work Group for Indigenous Affairs, Copenhagen,
    Conference Papers | 2017
    Appleby G; Brennan S; Lynch A, 2017, 'Keep Calm and Carry On: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education', in The Future of Australian Legal Education Conference 2017, Sydney Australia, presented at The Future of Australian Legal Education Conference, Sydney Australia, 11 August 2017 - 13 August 2017,
    Conference Presentations | 2017
    Lynch A; Appleby G; Brennan S, 2017, 'Keep Calm and Carry On: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education', presented at The Future of Legal Education Conference, Australian Academy of Law, Sydney, 11 August 2017 - 13 August 2017
    Reports | 2016
    Appleby G; dixon R; brennan S; mckinnon G, 2016, Submission to the Parliamentary Joint Committee on Human Rights, ‘Free speech inquiry’
    Reports | 2016
    Hoole GR; Appleby G; Brennan S; Chordia S, 2016, Submission to the Senate Select Committee on the Establishment of a National Integrity Commission
    Reports | 2015
    Brennan S; Ramkumar P, 2015, Submission to Tax White Paper Taskforce on Alcohol Taxation, Australia
    Other | 2014
    Brennan S, 2014, Comment: Native Title Extinguishment Law in the High Court, Thomson Reuters (Professional),
    Other | 2012
    Brennan S, 2012, Comment: Commercial Native Title Fishing Rights in the Torres Strait and the Question of Regulation versus Extinguishment,
    Reports | 2012
    Brennan S, 2012, Submission on Low Aromatic Fuel Bill 24 July 2012, Australia
    Reports | 2012
    Lynch A; Kildea P; Williams G, 2012, Submission to the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Australia
    Reports | 2011
    Brennan S, 2011, Submission to Expert Panel on Constitutional Recognition of Indigenous Australians, Australia
    Conference Papers | 2010
    Brennan S, 2010, 'Indigenous Property Rights, the Judiciary and the Australian Constitution’', in Indigenous Property Rights, the Judiciary and the Australian Constitution, VIIIth World Congress of the International Association of Constitutional Law, Mexico City, presented at VIIIth World Congress of the International Association of Constitutional Law, Mexico City, 08 December 2010,
    Reports | 2010
    Brennan S, 2010, Submission to House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs Inquiry into the High Level of Involvement of Indigenous Juveniles and Young Adults in the Criminal Justice System, Australia
    Reports | 2009
    Brennan S, 2009, Submission to National Human Rights Consultation on Indigenous Legal Issues (2009), Australia
    Reports | 2007
    Brennan S; Epstein T, 2007, Compulsory Acquisition of Property Rights (supplementary submission), Senate Legal and Constitutional Committee Inquiry into Aboriginal Communities in the NT, Compulsory Acquisition of Property Rights (supplementary submission)
    Reports | 2007
    Brennan S; Epstein T, 2007, Compulsory acquisition of Aboriginal property rights, www.aph.gov.au/senate/committee/legcon_ctte/nt_emergency/submissions/sub40.pdf, Senate Legal and Constitutional Committee inquiry into Commonwealth intervention on Aboriginal communities in the Northern Territory
    Other | 2007
    Davis MJ; Brennan S, 2007, A Narrative of Exclusion: Indigenous Rights in Australia, Australian Human Rights Centre,
    Reports | 2006
    Brennan S; Craven Z, 2006, Indigenous Law Centre, Submission 98 to the Senate Legal and Constitutional Affairs Committee for its Inquiry into Stolen Wages, October 2006 and Resarch Report as Attachment A., Senate Legal and Constitutional Affairs Committee, Indigenous Law Centre, Submission 98 to the Senate Legal and Constitutional Affairs Committee for its Inquiry into Stolen Wages, October 2006 and Resarch Report as Attachment A.
    Conference Presentations | 2004
    Brennan S, 2004, 'Learning from each other: overseas influences on an Australian project about treaties', presented at Association for Canadian Studies in Australia and New Zealand (ACSANZ) Biennial Conference, Sydney, 24 September 2004
    Conference Presentations | 2004
    Brennan S, 2004, 'Native Title, Regional Autonomy and Treaty', presented at ANTar National Congress, Brisbane, Qld, 18 June 2004
    Conference Presentations | 2004
    Brennan S, 2004, 'The Idea of Modern Treaty-Making between Indigenous Peoples and Australian Governments', presented at Conference of the International Bar Association 2004, Auckland, New Zealand, 26 October 2004
    Conference Presentations | 2004
    Brennan S, 2004, 'The Possibility of Treaty Making', presented at Terra Alterius: Land of Another, Sydney, 20 August 2004
    Other | 2004
    Brennan S, 2004, Reconciliation in Australia: the Relationship between Indigenous People and the Wider Community, Watson Institute for International Studies, ,
    Other | 2003
    Brennan S, 2003, Book review: A New Constitution for Australia by Bede Harris,
    Reports | 2003
    Williams G; Brennan S; Hume N, 2003, Submission to Legal, Constitutional and Administrative Review Committee, Queensland Parliament for its Inquiry into Aboriginal and Torres Strait Islander Peoples’ Participation in Queensland’s Democratic Process, 10 April 2003, Queensland Parliament, Submission to Legal, Constitutional and Administrative Review Committee, Queensland Parliament for its Inquiry into Aboriginal and Torres Strait Islander Peoples’ Participation in Queensland’s Democra
    Reports | 2002
    Brennan S; Williams G; Bosnjak V, 2002, Submission to Senate Legal and Constitutional Legislation Committee for its Inquiry into the Progress Towards National Reconciliation, Senate Legal and Constitutional Legislation Committee, Submission to Senate Legal and Constitutional Legislation Committee for its Inquiry into the Progress Towards National Reconciliation
  • Media | 2019
    Brennan S, 2019, Timber Creek and Australia’s Second Chance to Grasp the Opportunity of Mabo, ,
    Media | 2015
    Brennan S; Butterly L, 2015, Blog post: High Court sharply divided in latest native title case, The Australian Public Law Blog, ,

My Research Supervision

Lauren Butterly (PhD) - conceptions of marine sovereignty and Aboriginal rights to sea country

Jayne Weepers (Scientia PhD) - impact of leasing on Aboriginal land rights and remote communities in Central Australia

My Teaching

Courses taught:

Principles of Public Law (LAWS1141 / JURD7141)

Federal Constitutional Law (LAWS2150 / JURD7250)

Indigenous Peoples and the Law (LAWS3211 / JURD7411)

Contemporary Constitutional Law (LAWS3150 / JURD7450)

Native Title Law Policy and Practice (LAWS8212 / JURD7812)

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