Dr Daniel Lavery ~ Adjunct Research Fellow

Dr Daniel Lavery graduated Arts/Law from the University of Queensland and began his legal career with the Department of Justice.  He then investigated deaths for the Royal Commission into Aboriginal Deaths in Custody in both Queensland and the Northern Territory before pursuing postgraduate studies on indigenous legal issues in Canada.

While studying in Ottawa, he conducted the inaugural study of Indigenous Australians and the law school experience which resulted in a national network of successful pre-law programs for Indigenous students entering upon legal studies.

He returned to work throughout northern Australia on native title/infrastructure issues as a lawyer and negotiator while completing a PhD on indigenous sovereignties re-emerging in the Australian landscape in the native title era.

Dr Lavery is a leading authority on the legal position of Australia's Indigenous peoples in the pre-Constitutional colonial framework.  He has published widely including, most recently:

- (2023) Native Ttle as Property: Yunpingu v Commonwealth, James Cook University Law Review, 29, 125

- (2022) Renovating the Orthodox Theory of Australian Territorial Sovereignty, University of New South Wales Law Journal, 45 (2) 499

- (2020) Judicial Distancing in the High Court: Love/Thoms v Commonwealth, James Cook University Law Review, 26, 159

- (2019) No Decorous Veil: the continuing reliance on an enlarged terra nullius notion in Mabo [No 2],  Melbourne University Law Review, 43 (1) 233

Daniel has a forthcoming publication, The Killing of Charlie, focussing on an Indigenous death in custody in remote Cape York Peninsula.

Research Disciplines

• Aboriginal and Torres Strait Islander peoples, society and c (4505)
• Public law (4807)
• Heritage, archive and museum studies (4302)

Socio-Economic Objectives

• Expanding knowledge (2801)
• law, politics and community services (2399)
• Heritage (1304)

These are the most recent publications associated with this author. To see a detailed profile of all publications stored at JCU, visit ResearchOnline@JCU. Hover over Altmetrics badges to see social impact.

Journal Articles

• Lavery D (2023) Native Title as Property: Yunupingu v Commonwealth. James Cook University Law Review, 29. pp. 125-137
• Lavery D (2022) Renovating the Orthodox Theory of Australian Territorial Sovereignty. University of New South Wales Law Journal, 45 (2). pp. 499-530
• Lavery D (2020) Judicial Distancing in the High Court: Love/Thoms v Commonwealth. James Cook University Law Review, 26. pp. 159-174
• Lavery D (2019) No decorous veil: the continuing reliance on an enlarged terra nullius notion in Mabo [no 2]. Melbourne University Law Review, 43 (1). pp. 233-268
• Lavery D (2017) 'Not Purely of Law': the Doctrine of Backward Peoples in Milirrpum. James Cook University Law Review, 23. pp. 53-77
• Lavery D (2003) A Greater Sense of Tradition: The Implications of The Normative System Principles in Yorta Yorta for Native Title Determination Applications. Murdoch University Electronic Journal of Law, 10 (4).
• Lavery D (1993) The Participation of Indigenous Australians in Legal Education. Legal Education Review, 4 (1).

Other research outputs

• Lavery D (2020) James Morrill's Sketch (1863). In: 50 Treasures: celebrating 50 years of James Cook University. Perc Tucker Regional Gallery, Townsville, QLD, Australia
• Lavery D (2004) The recognition level of the native title claim group: A legal and policy perspective. Land, Rights, Laws: Issues of Native Title, 2 (30). pp. 1-12