Tides of history and jurisprudential gulfs: Native title proof and the Noongar Western Australia claim
Article
Young, Simon. 2010. "Tides of history and jurisprudential gulfs: Native title proof and the Noongar Western Australia claim." Indigenous Law Journal. 8 (1), pp. 95-120.
| Article Title | Tides of history and jurisprudential gulfs: Native title proof and the Noongar Western Australia claim |
|---|---|
| ERA Journal ID | 33891 |
| Article Category | Article |
| Authors | |
| Author | Young, Simon |
| Journal Title | Indigenous Law Journal |
| Journal Citation | 8 (1), pp. 95-120 |
| Number of Pages | 26 |
| Year | 2010 |
| Place of Publication | Waterloo, ON. Canada |
| ISSN | 1703-4566 |
| Web Address (URL) | http://www.indigenouslawjournal.org/indigenouslawjournal.com/images/stories/docs/vol8/ILJ-v8-Young.pdf |
| Abstract | Recent native title litigation in Australia, over the important Noongar claim to areas in the south west of the country, highlight some persistent difficulties and troubling trends in Australian native title law. The Federal Court trial and appeal decisions (of 2006 and 2008 respectively) provide telling confirmation that the Australian approach to proof of native title entitlement is a mix of foundational ambiguity, theoretical complexity, moral controversy and practical uncertainty. This article traces the development of the relevant principles in Australian law, up to and including the dissonant Noongar decisions, and advances some potential doctrinal clarifications. It also seeks to underline the risk that prolonged litigation in this field can be an expensive and unhelpful distraction from meaningful progress. |
| Keywords | Australia; indigenous land rights; traditional owners; Federal Court decision; ambiguity |
| ANZSRC Field of Research 2020 | 480604. Property law (excl. intellectual property law) |
| 450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified | |
| 480410. Legal theory, jurisprudence and legal interpretation | |
| Public Notes | This publication is copyright. It may be reproduced in whole or in part for the purposes of study, research, or review, but is subject to the inclusion of an acknowledgment of the source. |
| Byline Affiliations | University of Western Australia |
| Institution of Origin | University of Southern Queensland |
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