Native Title Law and Practice

Course code LAWS5033Units 10Level 5000Faculty of Business and LawNewcastle Law School

The course deals with the law of native title in an Australian context. The period 1788-1992 will be treated briefly, however the period since 1992 will be covered in depth, including case law, statutes, constitutional and policy considerations. Preparation, pursuit and litigating native title claims will also be considered.

Not available in 2015

ObjectivesAt the end of the course students should be able to demonstrate:
1 Knowledge and understanding of the common law and statutory features of native title in an Australian context.
2 A capacity critically to evaluate the state of native title law, policy and practice in Australia, including reference to foreign jurisdictions.
3 An appreciation of the relationship between statute and common law and the relative influences of the courts and parliament over the law.
4 An awareness of how issues such as time, resources and politics have an impact on native title law and litigation.
5 A more specialised knowledge of native title law, policy and practices.
ContentEnter text here:
1. Introduction Pre-contact law and customs, colonisation
2. 1788 to 1992 Terra nullius to Mabo No 2.
3. The politicisation of native title and the Native Title Act
4. Comparative analysis of Native title (Canada, USA, NZ)
5. Native title, the Constitution and the Racial Discrimination Act
6. The ramifications of the Wik decision 1996
7. Amendments to the Native Title, Breaches of ICERD and the UN Report
8. The 2002 Native Title cases and the tide of history
9. Further amendments, extinguishment, agreement making and future Acts
10. Rights to Water - Yammir and Blue Mud Bay
11. Preparing, pursuing and litigating native title claims
12. 2009 amendments to native title
13. Review
Replacing Course(s)NA
Industrial Experience0
Assumed KnowledgeLAWS1001A&B, LAWS1003A&B, LAWS2004A&B, LAWS3004A&B, LAWS4011
Modes of DeliveryInternal Mode
Teaching MethodsLecture
Assessment Items
Other: (please specify)Seminar presentation - individual 5%
Other: (please specify)Seminar paper 15%
Other: (please specify)Research Paper 70%
Presentations - Class10%
Contact HoursLecture: for 3 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or the Bachelor of Laws (Honours) and associated combined degree programs.