This course provides an overview of native title law in Australia. It includes the common law concept of native title, as recognised in the High Court decisions in Mabo and Wik, and the statutory regimes for dealing with native title under the Native Title Act 1993 (Cth).

Students will study issues regarding proof, extinguishment and the future dealings regime in native title legislation, and the interaction between cultural heritage and native title. Primarily focused on Australia, comparative references will be made to other common law jurisdictions. The role of International law and International Conventions in relation to Indigenous peoples' rights will also be reviewed.

Duration: 
4 days
Next course:
12 August 2021 (see all)
Facilitator(s):
Adjunct Professor Jonathan Fulcher
Location:
UQ St Lucia (view map)
Enrolment options: 
CPD
Cost: 
$2,260

What you will learn

Successful completion of this course should provide an understanding of the Native Title Act and awareness of the problems experienced by Indigenous peoples with regard to traditional lands and the Australian legal system.

Topics covered

Topics covered include:

  • the recognition of Aboriginal title at common law: Mabo and the Native Title Act
  • what is native title?
  • what are statutory Indigenous land rights?
  • when will native title be recognised?
  • settling native title claims, including issues of proof of native title
  • understanding the operation of the future dealings regime in the Native Title Act
  • consultation regimes in the context of resource development and negotiating a native title agreement
  • Indigenous cultural heritage in land and its relationship with native title
  • Indigenous land tenure reform issues
  • Indigenous rights in international law.

Who is the course designed for

Our CPD courses are available to professionals interested in contemporary legal issues.

Whether you're looking to acquire CPD points, expand your knowledge in a specific area of the law, or gain a general understanding of legal issues impacting your profession, our courses will equip you to go further in every possible future.

Style of learning

Our courses are delivered in collaborative, seminar-style teaching environments, in the award-winning Forgan Smith building.

Our CPD participants benefit from small class sizes which encourage group discussion and debate, and 1-on-1 access to industry experts and leading researchers.

Location

This course is delivered at UQ St Lucia campus.

Open in Google Maps

Enrolment options

Register for Continuing Professional Development

Enrol as CPD


 Enrol as a part of a Masters degree program

This course is available as an option in our enhanced Masters of Laws program for qualified legal practitioners.  


 

Upcoming sessions

12 August 2021 9:00am5:00pm
13 August 2021 9:00am5:00pm
14 August 2021 9:00am5:00pm
15 August 2021 9:00am5:00pm
Adjunct Professor Jonathan Fulcher

CPD enrolment closes two weeks prior to the course start date.

No entry requirements apply, you are not required to submit assessment and your course participation cannot be used as academic credit towards a degree qualification.

Our courses count toward Queensland Law Society Continuing Professional Development (CPD) points if you can demonstrate relevance to your legal practice.

Adjunct Professor Jonathan Fulcher is one of Australia's Leading native title and cultural heritage Lawyers, and applies his extensive resources, native title and cultural heritage experience to mining, oil and gas transactions, infrastructure developments, joint venture arrangements, and asset and share sales and acquisitions across Australia and internationally.

Active in practice and academia, Professor Fulcher delivers Lectures in Native Title at The University of Queensland and Griffith University. He is a current member of The University of Queensland Centre for International Minerals and Energy Law (CIMEL). Professor Fulcher has also been published in various international journals and has delivered papers at conferences and symposia in Australia, New Zealand and UK. Professor Fulcher was listed in Doyle's Guide to Australia's Leading Native Title Lawyers in 2010, 2012 and 2014, and is also one of Australia's leading native title and cultural heritage lawyers, as ranked by Chambers Asia Pacific every year since 2007.