Since the Mabo decision in 1992, native title has emerged as a complex and controversial area of law and policy. This course will offer three main things. At a technical level, we will break down that complexity by isolating the main elements of native title law (the requirements to prove a native title claim, the nature of the property right, extinguishment, future acts, interaction with State laws etc.), in each instance examining the basic legal principles and how they translate into specific detail. Secondly, because native title law is shaped by broader forces, we will take account of the surrounding politics and policy debates. Thirdly, we will draw on experience with the practical operation of the Native Title Act to probe the relationship between the law as written and the reality on the ground.

More information can be found on the Course Outline Website.