LAWS4104 - Akiba v Commonwealth of Australia Case Study - Law Assignment Help

Assignment Task

The assignment question therefore required discussion of:
1. The Akiba judgment: what were the issues decided, what were the principles applied?
2. The principle of equality;
3. The First Nations peoples’ relationship to their Countries; and
4. To what extent is the Akiba decision consistent with (2) and (3).

Paradigm Shift on the aspect of Extinguishment

The High Court;s decision in Akiba has contributed primarily towards extinguishment in a way that also focuses on ownership and its implications upon the concept of Native title. Full Federal Court in its order stated that with the promulgation of all the subsequent legislation governing fisheries undertaking any activity of taking fish or aquatic life from the sea for commercial purposes has got extinguished. This decision was overturned in the High Court, where the approach was on the broader right in contrast to the Full Federal Court;s decision.

Conclusion

It can be construed in favour of the fact that the Akiba case has eventually contributed to the development of enhanced and heightened respect regarding the relationships and dominion underlying First Peoples custodianship concerning the land and waters in Australia. Keeping in view the age-long struggles experienced by courts regarding accommodating all the changes occurring within the ambit of native title law, Akiba's distinction concerning the acknowledgment of underlying rights and exercising them assists in over any such struggles.

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