From a jurisprudence of regret to a regretful jurisprudence: shaping native title from Mabo to Ward

Argument that in the case law since Mabo, the High Court has not demonstrated the flexibility or imagination required to transform the recognition of native title into a doctrine that confronts the intrinsic injustices to Indigenous peoples in Australian property law - there is scope in common law for a much stronger concept of native title - High Court had a responsibility to develop this concept in line with the principles of justice that motivated the initial recognition of native title in Mabo.