The signatures of the Kulin chiefs on the treaty are strikingly similar to markings made in Batman's journal.6 Furthermore, Van Toorn explicitly states that Batman's own journal describes how he made the chief signatures on the deeds himself.7 Batman may have been forced to forge the signatures of the Aborigines because they refused to sign or failed to understand. Furthermore, it has been argued that the "chiefs" Batman negotiated with, in reality, had no position of authority among the Kulin, and therefore no right to sign away Kulin land. The main evidence for this comes from a statement by William Buckley who lived 30 years among the Kulin: 'unlike other savage communities, or people, they have no chiefs claiming or possessing any superior rights over the soil".8 .
Most damningly however is the fact Batman and the Kulin nation had totally different concepts of land ownership. 'The relationship that the indigenous people had to the land was far removed from the European concept of private property and precluded any possibility that they would transfer ownership of their country to the association'.9 To the Aboriginal people, the concept of buying and selling land simply didn't exist; they believed that they belonged to the land. Because of this, many historians have interpreted their signing of the treaty as a misunderstanding. Barwick suggests that a reason for this misunderstanding may be the common elements between two ceremonies: enfeoffment and tanderrum.10 The Batman treaty was based on enfeoffment, a feudal form of land tenure, which involved the passing of a handful of soil between the participants in the ceremony.11 The Kulin's also had a ceremony with a strikingly similar action: tanderrum. During tanderrum, a token of land was handed over as a host group indicated that 'strangers could use the lands resources so long as they were friendly and observed any restrictions imposed by their laws'.