HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship betw ....HISTORICAL EXPERTS AND INDIGENOUS LITIGANTS: the role of Historical Expert Evidence in Federal Court Cases. Since Mabo, historians are increasingly being called as expert witnesses in cases involving indigenous litigants. Historians perceive serious difficulties in the Court's treatment of qualitative, historical material, resulting in a possible denial of access to justice. The project investigates this treatment, pursuing issues such as expert evidence generally, the specific relationship between Law and History, and the particularity of cases involving indigenous claims. The investigation asks whether historians as expert witnesses can retain both their historical professionalism and adapt to the requirements of the courts, or whether the courts? rules of evidence themselves require adaptation.
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Discovery Indigenous Researchers Development - Grant ID: DI0775837
Funder
Australian Research Council
Funding Amount
$12,000.00
Summary
A study of how Aboriginal women fare in liberal democracies. This study of how Aboriginal women fare in liberal democracies will contribute to a better understanding of the challenges faced by Aboriginal women in Australia. The survival of Aboriginal culture and the health and well being of Aboriginal children depend on the health of Aboriginal women. A deeper understanding of the institutional difficulties faced by Aboriginal women within Indigenous communities as well as Australia's public i ....A study of how Aboriginal women fare in liberal democracies. This study of how Aboriginal women fare in liberal democracies will contribute to a better understanding of the challenges faced by Aboriginal women in Australia. The survival of Aboriginal culture and the health and well being of Aboriginal children depend on the health of Aboriginal women. A deeper understanding of the institutional difficulties faced by Aboriginal women within Indigenous communities as well as Australia's public institutions will contribute to strengthening Australia's social and economic fabric. Read moreRead less
Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is littl ....Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is little comprehensive research regarding the legal and policy issues associated with regional governance for Indigenous people in Australia. This research project will redress the paucity of in-depth legal analysis in this area, and develop achievable and practical models of regional governance for Indigenous communities, to enhance their cultural, economic and social well-being.Read moreRead less