Ron Castan
Encyclopedia
Aaron Ronald Castan AM
QC
(29 October 1939 – 1999) was a distinguished barrister
and human rights
advocate. He played a leading role in some of Australia's more important cases, such as the Gove land rights case
, Koowarta v Bjelke-Petersen
and the Franklin Dam
case. He acted as senior counsel in the Mabo
case, which abolished the doctrine of terra nullius
and recognised Aboriginal land rights in Australian law for the first time. Castan spent 10 years preparing and arguing the case on behalf of Eddie Mabo
, for which he received widespread acclaim.
He also played a leading role in the legislative discussions on Australian Native Title law throughout the 1990s, having devised the solution to the standoff in the Australian Senate
over the Wik
settlement. Additionally, he was a founder of the Victorian Aboriginal Legal Service.
Although he is most famous for his work in constitutional and human rights law, Castan was an expert in many areas of law. For this reason, many believe that, were it not for his untimely death, he would have inevitably been appointed as a Justice of the High Court of Australia. The Castan Centre for Human Rights Law
at Monash University
is named after him, where his daughter, Melissa Castan (herself a human rights scholar), is Deputy Director.
He died suddenly at age 59 due to a complication following surgery. After his death, tributes flowed from the legal and political community. Famously, after his death, he was described by Senator Aden Ridgeway
as "the great white warrior against racism".
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(29 October 1939 – 1999) was a distinguished barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
advocate. He played a leading role in some of Australia's more important cases, such as the Gove land rights case
Gove land rights case
Milirrpum v Nabalco Pty Ltd, 17 FLR 141 , was the first litigation on native title in Australia. The decision of Justice Richard Blackburn ruled against the claimants on a number of issues of law and fact, rejecting the doctrine of aboriginal title in favor of terra nullius.Although Milirrpum was...
, Koowarta v Bjelke-Petersen
Koowarta v Bjelke-Petersen
Koowarta v Bjelke-Petersen was a significant court case decided in the High Court of Australia on 11 May 1982. It concerned the constitutional validity of parts of the Racial Discrimination Act 1975, and the discriminatory acts of the Government of Queensland in blocking the purchase of land by...
and the Franklin Dam
Franklin Dam
The Franklin Dam or Gordon-below-Franklin Dam project was a proposed dam on the Gordon River in Tasmania, Australia, that was never constructed. The movement that eventually led to the project's cancellation became one of most significant environmental campaigns in Australian history.The dam was...
case. He acted as senior counsel in the Mabo
Mabo
Mabo may refer to:*Mabo, Togo, a village in Togo*Eddie Mabo, a man from the Torres Strait Islands who fought a court case, attempting to assert a legal title over his tribe's traditional lands...
case, which abolished the doctrine of terra nullius
Terra nullius
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one" , which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished...
and recognised Aboriginal land rights in Australian law for the first time. Castan spent 10 years preparing and arguing the case on behalf of Eddie Mabo
Eddie Mabo
Eddie Koiki Mabo was a Torres Strait Islander who is known for his role in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia that overturned the legal fiction of terra nullius which characterised Australian law with regards to land and...
, for which he received widespread acclaim.
He also played a leading role in the legislative discussions on Australian Native Title law throughout the 1990s, having devised the solution to the standoff in the Australian Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
over the Wik
Wik
Wik may refer to:* Wik peoples, several Australian Aboriginal groups of Cape York Peninsula* Wik languages...
settlement. Additionally, he was a founder of the Victorian Aboriginal Legal Service.
Although he is most famous for his work in constitutional and human rights law, Castan was an expert in many areas of law. For this reason, many believe that, were it not for his untimely death, he would have inevitably been appointed as a Justice of the High Court of Australia. The Castan Centre for Human Rights Law
Castan Centre for Human Rights Law
The Castan Centre for Human Rights Law is a research centre located within the Monash University Law Faculty in Victoria, Australia. It was established in 2000 to meet the need for, and interest in, the study of human rights law globally, regionally and in Australia. It grew rapidly to become the...
at Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
is named after him, where his daughter, Melissa Castan (herself a human rights scholar), is Deputy Director.
He died suddenly at age 59 due to a complication following surgery. After his death, tributes flowed from the legal and political community. Famously, after his death, he was described by Senator Aden Ridgeway
Aden Ridgeway
Aden Derek Ridgeway , Australian politician, was a member of the Australian Senate for New South Wales, from 1999 to 2005, representing the Australian Democrats. During his term he was the only Aboriginal member of the Australian Parliament.-Early history:Ridgeway was born in Macksville, New South...
as "the great white warrior against racism".