Reversal of the onus of proof

Project status: 

Robert French, Chief Justice of the High Court, has publicly promoted the idea of a reversal of the onus of proof of connection from the native title applicants to claim respondents. Other proposals in relation to proof and continuity have also been put forward by a range of native title practitioners. This Project will consider the implications of these proposals, including:

  • Analysing the effects of an inference or reversal of onus on the conduct of proceedings
  • Assessing the impact of changes on the approach of respondent parties to the settlement of claims
  • Implications for the management of disputes amongst native title groups; and consideration of options and challenges for implementation.
Last reviewed: 18 Apr 2016