Legal Analysis and Critique:

Word limit: 2,000 words – excludes footnotes, titles and headings.
Footnotes: in accordance with the AGLC.
Bibliography: no
Format: A word limit of 2,000 words has been set, which excludes footnotes, titles and headings. The word limit will be strictly enforced. Please remember that this assignment has been structured so that a well-considered and scholarly written assignment may be achieved within the prescribed word limit.
Ensure your full name and student number appears on the footer of each page.
Number all pages consecutively.
If in doubt about what neat formatting looks like, consult the AGLC Section 1 e.g. Section 1.12 gives guidance on using headings.
Question
In 1998, the High Court handed down its decision in Kartinyeri v Commonwealth (1998) 195 CLR 337. Locate the case and read the decision. Select ONE of the four judgments in the case. Critically analyse how the judge/s arrived at their decision.
In your answer, you must include critical discussion of each of the following:
(i) the application of legal authority (legislation and/or cases) to the facts in this case
(ii) the application of relevant legal principles
(iii) the significance of the judgment you have selected, in relation to the impact of the reception of English law on First Peoples, which we have studied this semester.
(iv) comparison of the selected judgment to that of other judgments in Kartinyeri v Commonwealth, making reference to relevant legal theories studied throughout the semester.