Question 5065LAW – The Law and Practice of Native Title (NTA home assignment).
Question 1: “The High Court in the decision of Mabo decided the colonial rule of terra nullius that is a land empty of people, and law, was wrongly applied to Australia. Prior to this decision, the rule of terra nullius underpinned Australian legal history for more than two centuries. Terra nullius made invisible that which was different. And today this same society whose court closed the door on terra nullius turned to open the door to extinguishment.” (Irene Watson, 1998)
Critically discuss this statement.
Question 5065LAW – The Law and Practice of Native Title (NTA home assignment)
“Native title involves the recognition that Aboriginal and Torres Strait Islander peoples had rights and interests in land and waters, possessed under Aboriginal and Torres Strait Islander laws and customs, which pre-existed and survived annexation. The time elapsed between the assertion of sovereignty and the Australian legal system’s recognition, in 1992, of the existence of native title means that evidencing the survival of those rights over approximately 200 years presents significant challenges.” (Australian Law Reform Commission, 2015)
Your answers to the take-home exam will be assessed against the following criteria
- Grammar (including spelling).
- The extent to which answers addresses the question.
- The extent to which answers reflect your capacity for critical commentary on the material covered in the course.
- The extent to which you refer to relevant statutory provisions and case law to justify your answer. As a general rule, you should justify any legal proposition you put with a statutory provision or case reference.
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