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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

AIATSIS acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community.

We pay our respects to elders past and present.

Reversal of the onus of proof | Australian Institute of Aboriginal and Torres Strait Islander Studies


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