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Published online by Cambridge University Press: 01 January 2021
Territory — Title — Aboriginal people in Australia — Declarations sought by plaintiff — Whether Commonwealth of Australia owing fiduciary duty to original people of Australia — Alleged illegal invasion, war crimes and genocide — Whether fiduciary duty extending to require Australia to move United Nations General Assembly to obtain Advisory Opinion from International Court of Justice — Whether Aboriginal people having separate rights and legal status including territorial sovereignty — Whether fiduciary relationship requiring Australia to negotiate with plaintiff with respect to obtaining Advisory Opinion — Whether declarations appropriate — Genocide Convention Act 1949 (Commonwealth) — Convention on the Prevention and Punishment of the Crime of Genocide, 1948 — Whether justiciable “matter” — Commonwealth Constitution, Sections 75 and 76 — The law of Australia