Essay on Effectiveness of Law Reform

The Yorta Yorta people were one of the first Indigenous groups to make a native title claim in Australia, in February 1994. The Yorta Yorta people claimed native title to an area of land and waters in the Northern Victoria and Southern New South Wales. However, the High Court rejected the appeal, and it was concluded by the judge that the Yorta Yorta people had ceased to occupy their traditional lands with relation to their traditional laws and customs, and that the period of time in between had washed away any evidence and acknowledgement of the practise of their traditional laws and customs. In order for Indigenous people to prove their Native Title rights, they must prove that they have had an uninterrupted connection with the land and the practise of the traditional laws and customs has been maintained since time of colonization. This rule disregards the effects of colonization; that indigenous people have been forcibly removed from their homes, cultures being forcibly altered which all results in an adaption to the new environment and way of life. Therefore, the required burden of proof is quite discriminatory, making it increasingly difficult for Indigenous people to prove

The lengthy period, undertaken by Aboriginal and Torres Strait Islander people, shows the resource inefficiency in relation to the Native title law reform. The Mabo V Queensland began in 1985 and concluded in 1992 where the High Court ruled the Australia was not terra nullius, reinstating the original Indigenous Australians with native title over the land. This case lead to the Mabo V Queensland (no 2) which resulted in the legislation Native Title Act 1993. This case took place in the High court of Australia proving very inefficient in the way of time and money, due to the high costs and long trial period. This legislation met

A huge part of Australian society and culture is sport, both spectating and participating. Professor Peter Figueroa developed a framework to look at the issues in access, equity and equality in many things but in this report it will be based on these issues in the sport of volleyball. Which in fact is the most popular sport in the world with an estimated 998 million participants in the sport in formal competitions around the globe. (Topendsports.com, 2015).

Law reform is the process of changing and updating laws, so that they reflect the current values and demands of contemporary society. Those with sovereign power must identify the change in social values, behaviours and expectations; through this they must consider whether new or amended laws are required; and they must develop and implement these changes. Society is never completely satisfied with the reforms made to law, reforms are made to satisfy the general public.

described not as a practice of law but as a sporting event.  Just as there are

The institutional level is not just about the influence of schools; it also looks at the availability of facilities and the structure of organised sport within a community. The rules of different sports are also considered as part of an analysis of the institutional level. Sporting rules, which are determined and standardised by sports’ governing organisations, can restrict access to certain groups and individuals.

Aboriginal people, since British settlement, have faced great inequalities and much racial discrimination on their own soil. Aboriginal Australians through great struggle and conflict have made significant progress in the right to their own land. To better understand the position of the Aboriginal Australians, this essay will go into more depth about the rights that Aboriginal people had to their own land prior to federation. It will also include significant events and key people who activated the reshaping of land rights for Indigenous Australians and how that has affected the rights Aboriginal people now have in the 21st Century, in regards to their land.

The case of Mabo v Others v State of Queensland (No.2) (1992) 175 CLR 1 (www.austlii, 1993), rewrote common law as the court ruled in a six to one majority, that the people of

Scholars have identified six separate components that must be present within a sport in order to be considered as a true sport. One of the first requirements on this list is that the sport must include a

Over the past years, Canadian courts have repeatedly urged that aboriginal title conflicts should be resolved through negotiation, rather than litigation. The primary reason being that litigation is costly and time-consuming. For example, the decision for the Delgamuukw case took a duration of thirteen years. Furthermore, litigations that deal with the issue of aboriginal rights and title are “generally narrowly focused” and “ultimately leaves the question [posed about] how aboriginal rights and title apply unwarned.” For instance, the courts of Canada repeatedly failed to come up with a clear definition on the legal scope of Aboriginal rights despite the fact that they have several opportunities to do so. The Delgamuuku case clearly illustrates this when the Court “did not define how aboriginal title applied for the First Nations involved.” Instead, the Court came to the conclusion that a new trial was required, which ultimately will be more expensive and take longer.

Australian sports law is grounded in the principles of "Natural Justice" to ensure procedural fairness. Nevertheless, the sports tribunals' ability to hold hearings and make determinations without allowing athletes the benefit of legal counsel is troublesome. Clearly, the process often involves valuable rights which should be asserted and preserved by knowledgeable, zealous legal counsel at the first opportunity. The single difference between the Waverley and Nagle cases shows how issues that are vitally important to an individual can turn on a single fact; consequently, while Waverley and Nagle did not involve sports tribunals, they do show the importance of paying careful attention to facts, which also applies to sports tribunals. Finally, the inclusion of women in sports, particularly Golf, is a natural outgrowth of anti-discrimination laws and progressive Australian attitudes create fertile ground for further attempts by women to compete with men.

This law in review proposes a uniform sport responsibility act. This act is deliberated for people to take part in sports and other leisure

The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the neglect. The company will undoubtedly be sued for negligence.

However as James has suggested "The UK has no formal definition of sport and consequently no formal definition of sports law" perhaps meaning that lex Sportiva is a not as clearly defined as previously assumed. As late as the 1980 's the laws relationship with sporting contexts was typified by a piece-meal, ad-hoc approach to legislation

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,