find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
No room for customary law in Qld

No room for customary law in Qld

There is no system in place for the pleading of Indigenous customary law in Queensland courts, according to a new report by the University of Queensland (UQ).The report, Pleading and Proof of…

There is no system in place for the pleading of Indigenous customary law in Queensland courts, according to a new report by the University of Queensland (UQ).

The report, Pleading and Proof of Indigenous Customary Law in Queensland Courts, was launched this week (20 July) by Justice Margaret McMurdo. It is the outcome of an 18-month investigation into how Indigenous customary law is proved in Queensland courts in civil and criminal cases and also the question of pleading in civil cases.

"The report was undertaken because there is very limited information available on how Queensland courts deal with issues of proof and pleading of traditional laws and customs," said author of the report, Associate Professor Jennifer Corrin. "This can be an issue in a wide range of cases including criminal law defences, sentencing, succession, family law and heritage protection."

The research revealed that it is unclear how evidence of Indigenous customary law is to be presented and proved in formal courts, creating a barrier for those relying on such laws.

"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," Corrin said.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

No room for customary law in Qld
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Scales of Justice
Oct 19 2017
‘Ego status’ compelled ex-lawyer to defraud $2.97m, court told
Debarred lawyer John Gordon Bradfield told an NSW District Court that he was driven by “ego status...
Australian Lawyers Alliance (ALA), Queensland’s new industrial manslaughter legislation,
Oct 19 2017
ALA welcomes ‘tough’ Qld manslaughter laws
The Australian Lawyers Alliance (ALA) has welcomed Queensland’s new industrial manslaughter legisl...
Legal podcasts, tune in, microphone
Oct 19 2017
Legal podcasts you have to tune in to right now
The rise of the internet has hailed in a new dawn for storytelling. Here’s our top pick of podcast...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...