The John Mansfield Annual Lecture Series

Presented by the University of South Australia

The John Mansfield Annual Lecture Series was established in 2017 in recognition of the Honourable John Mansfield's contribution to law and justice in Australia. The purpose of the series is to promote understanding of the issues surrounding Native Title and related matters.

The Hon John Mansfield AM QC has had a distinguished legal career and one which has demonstrated a strong sense of service and commitment to the law and wider community. His judicial work in the areas of Native Title and Competition Law are highly regarded and his many judgments are considered to have contributed significantly to both areas of law.

Serving as a Judge to the Federal Court of Australia for almost 20 years and becoming involved in a number of boards and committees throughout his career, his leadership was recognised in 2009 at the Queen’s Birthday Honours where he was made a Member of the Order of Australia.

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Native title exists: What happens next?

It took over 200 years for Australian law to recognise that, at the time of colonisation, there were existing Indigenous owners of the land with their own legal systems and land tenure law.

Native title exists: What happens next?

Presented by Ms Raelene Webb QC

It took over 200 years for Australian law to recognize that, at the time of colonisation, there were existing Indigenous owners of the land with their own legal systems and land tenure law. Up until that point, the fiction of 'terra nullius' and the assumption that the ‘waste lands’ of the Australian colonies were in the exclusive possession of the Crown from settlement had been confirmed by the courts and was deeply ingrained in the mindset of most non-Indigenous Australians.

The conversation about native title is now moving beyond recognition to compensation for its extinguishment or impairment, as well as how native title is managed on behalf of native title holders.

Importantly, there is a need for a conversation about how recognised native title co-exists in the national land management scheme and how Indigenous land governance systems are to be given full respect.

We must ask the question: Can the two concepts of ownership work together, and if so, how?

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Ms Raelene Webb QC

Appointed President of the National Native Title Tribunal for a five year term in 2013 after a distinguished career as a barrister, Raelene has now returned to the bar and is recognised as one of the leading native title silks in Australia, having appeared as lead counsel in many native title and Aboriginal land matters. She has advised upon, and appeared in the High Court in most landmark cases on the judicial interpretation and development of native title law since the decision of Mabo v Queensland (No 2).

Raelene is a fellow of the Australian Academy of Law and in 2014 she was awarded the Law Council of Australia President’s Medal in recognition of her outstanding contribution to the legal profession in Australia.

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Research and the Law: Native Title and the Rescuing of History

Native title is one of those arenas where scholarly research and legal practice coincide, and sometimes collide.

Indigenous Land Rights: Australia’s response following Mabo – the present and the future

In 1972, the Aboriginal community of the Gove Peninsula unsuccessfully claimed in the Supreme Court of the Northern Territory recognition of their traditional rights and interests in that land. They were rebuffed – it was said their rights were not recognised by Australian law.

Honouring an outstanding career

One of Australia’s most respected judges and an expert in Native Title, the Honourable John Mansfield AM, is recognised for his commitment and service to the law, judiciary and wider community, and has been awarded an Honorary Doctorate from the University of South Australia.

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