Question
In Indigenous Land and Sea Corporation v Anderson [2022] NSWSC 1650, the Court noted: ... the evidentiary and forensic difficulties which are frequently presented in
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