A Collective Right

Because native title is a collective right, individual entitlements, rights, and responsibilities within the group are determined under Aboriginal law. For example, this was reflected in the Mabo decision. While evidence was given about the rights and responsibilities of individuals or families, native title was recognised in the Meriam people as a whole, recognising the system of law that gave rise to those individual rights and responsibilities.

Keywords: aboriginal law, Brennan, Justice Gerard, Mabo judgement, native title

Author: Strelein, Lisa