Abstract

This thesis develops "Inference Guidelines" for the proof of connection requirements in native title determinations, in the form of a "Bench Book." This is in accordance with recommendations in the Australian Law Reform Commission's 30 April 2015 report "Connection to Country: Review of the Native Title Act 1993 (Cth)." This thesis finds that the existing case law provides a strong foundation for clear and consistent principles for inferential reasoning in native title cases, which can be supplemented by considerations drawn from historiographic and epistemological debates, cultural and linguistic challenges, and inferential theory, to form comprehensive, consistent and transparent Inference Guidelines.

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