Davies, Chris, and Owen, Gwilym (2013) Customary land title in Australia and Wales. In: Cox, Noel S.B., and Watkin, Thomas Glyn, (eds.) Canmlwyddiant, Cyfraith, a Chymreictod: a celebration of the life and work of Dafydd Jenkins 1911-2012. Welsh Legal History Society, 11 . The Welsh Legal History Society, Bangor, Wales, UK, pp. 76-105.

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Abstract

[Extract] Australia and Wales, despite regularly competing against each in rugby union, may not appear to have much in common with regard to customary title relating to land law. However, Wales can be considered the first country conquered by England, while Australia can be viewed as the last major territorial acquisition by this imperial-minded country. It should also be noted that in 1992, when the High Court of Australia finally acknowledged the existence of native title in Mabo v Queensland, 1 it made reference to Welsh 2 and Irish 3 land cases.

What this paper will therefore examine is what constitutes the customary land law in both Wales and Australia, and how much of it has been affected by the imposition of English law. First, however, it will examine the status of local law in regard to land acquired by imperial countries, and within that context, determine how land in Australia and Wales was actually acquired by England.

Item ID:	32043
Item Type:	Book Chapter (Research - B1)
ISBN:	978-0-9926369-0-6
Keywords:	customary title
Date Deposited:	06 May 2014 00:22
FoR Codes:	18 LAW AND LEGAL STUDIES > 1801 Law > 180101 Aboriginal and Torres Strait Islander Law @ 100%
SEO Codes:	94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100%
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