The High Court in Mabo provided Indigenous people with unique land title, known as native title. Native title means a right to use the land in accordance with the customs of the indigenous people. It...

The High Court in Mabo provided Indigenous people with unique land title, known as native title. Native title means a right to use the land in accordance with the customs of the indigenous people. It is not title under the common law to own or lease the land.



You are a working for a legal firm which specializes in Native Title. You frequently are asked to give advice regarding native title.


Task


i.    What do Indigenous claimants (people) must prove to be legally recognised as having native title?


Scenario 2:

You are a judge in the District Court. The following facts arise in a case before you.  In a local rugby match played in the Brisbane competition, Joe Agro, the defendant, was playing rugby for the St Lucia Hawks in a game against the Indooroopilly Cats. Big Jim was also playing in the same match, for the Cats. The Hawks were losing 30- 10 by half time. Joe Agro was having a terrible game, continually dropping the ball and kicking short. Big Jim on the other hand was having putting in brilliant performance, running with the ball, making plenty of metres, breaking the line and even set up three tries and scoring one himself for the Cats. When the second half resumed, Joe Agro singled out Big Jim when he had the ball and in a moment of anger, swung his arm across Big Jim’s head, knocking him down, and subsequently breaking his jaw and losing two teeth. Joe Agro was sent off for the brutal tackle and Big Jim sued for the tort of assault and battery.  Civil proceedings commenced and the matter is now before the court in the trial division. This is a civil action as distinct to a criminal proceeding.
To assist you as the presiding judge in the matter before you, your Law Associate has researched three (3) cases on point. This is a civil trial and there is no jury.
The legal cases your Associate has located are outlined in Appendix 1 attached.



Tasks

After reading the cases determine the following legal points:
i.    After having heard the facts and evidence of the matter before you by both the plaintiff’s Barrister and the defendant’s Barrister and based on the cases researched in Appendix 1 what would be the outcome of your decision.
ii.    In arriving at your judgement in this case you are to discuss the reasoning behind your decision in line with the common law principles of precedents that you have studied in this unit.