Evidence in chief in Native Title proceeding: Lessons learned

Monday, 2 June 2014
Laura Garland

By way of a case study of two different communities, one in the bush, the other near the sea, the presentation is aimed at sharing lessons learned in relation to the preparation of evidence in chief in two distinct NSW native title proceedings.

One case study focusses on meeting the mediated standard of a reasonably arguable case for the purpose of the state accepting connection. The other case study focusses on meeting the litigated standard of proof in preparation for contested hearing. The presentation will also discuss the standard of evidence required to pass the registration test.

The presentation includes a practical guide to statement taking in the native title context, as well as looking at other forms of evidence including video. The presentation focusses on an evidence‑based approach to building strong evidence in chief in native title proceedings and sharing lessons learned on best practice in taking and presenting evidence