The Report -
- analyses relevant statutory provisions and court rules as well as pertinent case law;Although the focus is on Queensland, Corrin and research assistants Sarah-Jane Bennett & Alison Chen also discuss reception of customary law in other parts of Australia and the South Pacific.
- identifies the current issues;
- evaluates the current regime;
- highlights hurdles raised by the State system when Indigenous customary law is raised in formal court proceedings; and
- discusses options for reform.
The research reflects the paucity of information on how Queensland courts deal with issues of proof and pleading of traditional laws and customs, of potential significance in relation to for example family law, criminal law defences, heritage protection, succession and sentencing.
Corrin notes that -
Our research has found that it is unclear how evidence of Indigenous customary law is to be presented and proved in the formal courts under the present regime.
This is due to a dearth of explicit guidelines, case law, and empirical data on the issue.
This Report deals with one area of disadvantage and it is hoped that it will stimulate interest in the issue of pleading and proof of Indigenous customary law and the broader issues arising from the interaction of Indigenous customary law and common law in Australia, as well as providing a platform for reform in this area.
