This essay identifies some of incremental progress towards substantive racial equality in Australia for First Nations Peoples observed in the course of a legal practice extending over the past 44 years, affected by cases brought before the courts, particularly the case of Mabo v Queensland. It discusses the impact on that progress of legislation, particularly the Native Title Act. It concludes that recognition of the fiduciary duty of the Government towards its First Nations Peoples may be a necessary prerequisite to according them self determination and equality within the Australian nation.