Not so ‘fragile’ a thing: The evolving character of native title, 1993 to 2018

Thursday, 7 June 2018
Justice Michael Barker

In his paper Justice Barker surveys the key developments in native title law from its origins in Mabo, its challenges in Ward, Yorta Yorta and De Rose, and its flowering in Akiba and Brown and a long list of consent native title determinations throughout Australia. The judge notes discernible trends towards regional resolution of native title claims and asks whether native title ever was as ‘fragile’ as early decisions of the Courts suggested it was; and what native title means as we approach the third decade of the 21st century.