Native Title (Comprehensive)

Description

Achieved 81% in this subject. These notes start with the Native Title Test and then unpacks the elements in further detail with examples, case summaries and points for consideration. 1. The Native Title test under section 223 2. Points to discuss for "communal, group or individual rights" 3. Traditional Law and Customs (including whose rights they extend to) 4. Rights to land and waters 5. Whether those rights are recognised by Australian Common Law 6. Proving native title with a discussion of Mabo and Ward as key cases 7. Whether the rights existed at the time of the crown's acquisition of sovereignty (including arguments that were made in cases such as Mabo, Ward and Yarmirr) 8. Whether the laws and customs were substantially the same or substantially uninterrupted 9. Whether a connection can be established to the land and waters 10. Whether native title has been lost 11. Dealing with extinguishment, the inconsistency of incidents test and questions to ask Cases include but are not limited to: 1. Mabo 2. Wik 3. Fejo 4. Ward 5. Akiba 6. Congoo