A University of Queensland researcher has received government funding for a project that aims to help resolve the tensions between traditional laws and customs and the judicial system.
Associate Professor Jennifer Corrin from the Centre for Public, International and Comparative Law within the TC Beirne School of Law has been awarded a research grant from the Department of Justice and Attorney-General to uncover the best approach to proof of traditional laws and customs in courts.
“The best approach to proof of traditional laws and customs in the common law courts has long been debated,” Associate Professor Corrin said.
“One view is that these laws must be proved as a question of law. The opposing view is that they must be proved as a question of fact.”
“By reviewing literature, statute and judgments, and observing how cases are handled in practice, the research will discover how such evidence is currently dealt with by the courts.”
“It will consider how to resolve the tension between the rationale underpinning the hearsay and opinion rules in the common law system and the oral tradition surrounding traditional laws and customs.”
Evidence of traditional laws and customs is relevant to cases in native title, criminal law defences and sentencing, succession, family law and heritage protection.
The research will advance law reform and facilitate access to the legal system for members of the indigenous community, who have the closest connection with customary law and who are often economically and socially disadvantaged.
Funding of this research grant is made possible by the Legal Practitioners Interest on Trust Accounts Fund (LPITAF).
Media: Teola Marsh at the TC Beirne School of Law (07 3365 2523, t.marsh@law.uq.edu.au)
