InIndigenous Land and Sea Corporation v Anderson [2022] NSWSC 1650, the Court noted:

... the evidentiary and forensic difficulties which are frequently presented in cases which involve issues of traditional laws and customs of Indigenous people are well recognised but they do not, of themselves, deprive the Court of jurisdiction to hear and determine proceedings which raise such issues. In particular, those difficulties do not provide a sufficient basis for denying the Court its obligation to exercise "all jurisdiction which may be necessary for the administration of justice",

stated in s 23 of the Supreme Court Act.(par. 44)

Discuss the challenges faced by Indigenous Peoples in accessing the law in civil cases. refer totwo of the following areasin the context of NSW civil practice.:

• Client care
• ADR
• Legal representation
• Limitation periods
• Evidence in proceedings
• Costs and settlement
• Open justice

link for the case https://www.caselaw.nsw.gov.au/decision/184df3910c16a7987f22505e#_Toc121124532

please include any relevant cases, legislations, acts and list the references

optional draft essay submitted Draft essay feedback.docx Draft essay feedback.docx Download Draft essay feedback.docx (16.3 KB) Introduction Overall, students drafted solid introductions. The most effective introductions included: e An analysis of the case extract: that is, an interpretation or definition of the extract's meaning: What is the judge's premise that results in challenges for Indigenous Peoples. As noted on the subject Discussion Board, it is not essential to refer to the case, nor the extract. It is essential to explain its meaning and impact on Indigenous Peoples. This is your starting point from which your discussion will follow. s Reference to NSW civil practice, either in general terms or to the overriding purpose. Many students did this: clearly setting the context. e Reference to the two areas that the essay will address. This is a brief reference, rather than providing detail. Yr arguments for each area should take place in the body of the essay. e Abrief outline as to the structure of the essay, that is, the points/argument that will be addressed: inpart 1 ... These four points do not need to be in the first paragraph; however, they should be addressed in the first two paragraphs. Some students set the context in Australia's history, current socio-political state, critical race theory and/or overseas examples. This is fine to reference provided the discussion narrows to NSW civil practice and the context does not dominate. Remember the word count. There were references also to criminal law: only include these if they are directly relevant to civil practice and the areas you are addressing. Too much emphasis on criminal law may take away from your focus. Same applies to federal law and cases in other states/territories. See if there is law in NSW before moving to another jurisdiction (unless High Court). Structure Many students set out an essay structure that outlines a clear and logical approach to the question. A few structures appeared to be covering more than two areas, for example, ADR, limitation period and client care were listed. Note, you are asked to cover two areas only. Content The subject's themes are relevant to most areas, particularly ethics. Technology may not be in all areas. There are two main approaches to the content: deal with each area separately or use themes e.g. 'dictates of justice', to incorporate the two areas. General observations Thaca ran ha ticad ac a rharklict far unii tn accace whathar uniir accau faatiirac nna nr mara nf thaca @ canvas.uts.edu.au optional draft essay submitted Draft essay feedback.docx Draft essay feedback.docx Download Draft essay feedback.docx (16.3 KB) General observations These can be used as a checklist for you to assess whether your essay features one or more of these. If so, you may wish to review that part of your essay: Succinct + plain language (no need to use words such as pertaining, prey, set forth, delve, freely expresses, never truer). Headings are helpful. Avoid generalisation (for example, Indigenous Peoples have difficulties accessing the law). Avoid references in the introduction one reference or quote is fine to set the scene and confirm yr thesis, otherwise references should generally be in the body of the essay. Data and statistics are useful if relevant to your argument; for example, 40% of Indigenous Peoples live in regional and remote communities where there are a small number of lawyers may be relevant; 30% of Indigenous Peoples are below the age of 18 years may not be relevant. A few drafts did not have an introduction the essay commenced with an area of challenge: please check if this was you. In an essay, avoid the first person. @ canvas.uts.edu.au optional draft essay submitted Draft essay feedback.docx Draft essay feedback.docx Download Draft essay feedback.docx (16.3 KB) Headings are helpful. Avoid generalisation (for example, Indigenous Peoples have difficulties accessing the law). Avoid references in the introduction one reference or quote is fine to set the scene and confirm yr thesis, otherwise references should generally be in the body of the essay. Data and statistics are useful if relevant to your argument; for example, 40% of Indigenous Peoples live in regional and remote communities where there are a small number of lawyers may be relevant; 30% of Indigenous Peoples are below the age of 18 years may not be relevant. A few drafts did not have an introduction the essay commenced with an area of challenge: please check if this was you. In an essay, avoid the first person. Best practice is not to bold words. In a formal piece of writing, do not abbreviate (don't). The essay is not just about plaintiffs. It is relevant to all parties. Include full reference to legislation, for example, s56(1). @ canvas.uts.edu.au