“… property, in its many forms, generally implies the right to use or enjoy, the right to exclude others and the right to alienate. I do not say that all these rights must co-exist before there can be a proprietary interest, or deny that each of them may be subject to qualifications. ” Blackburn J in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 at 268-73
Critically assess the extent to which (if any) the legal framework for the recognition of Native Title is subordinated to the recognition of non-Indigenous systems of title to land in Australia.
Discuss whether and (if relevant) how the present legal position of Native Title in relation to other systems of title to land ought to be amended by reference to both the common law’s approach to the conceptualization of proprietary interests and the substantive and procedural aspects of the Native Title legislation.
REST OF INSTRUCTIONS IN ATTATCHED DOCUMENTS
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