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Defining Native Title
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From 1788 until recently, Australian law did not acknowledge that Aboriginal and Torres Strait Islander people had rights to land that predated European settlement.

It was thought that Indigenous peoples' rights were no different from those of any other citizen, except where governments granted them special rights, such as heritage protection, or statutory land rights.

From the earliest days of European settlement, Indigenous Australians opposed this view, arguing for the recognition of their legal system.

However, it wasn't until 1992, in the Mabo judgment, that the High Court of Australia determined that Indigenous peoples rights over their lands did survive colonisation.

The Court based its decision on the principles of equality and non-discrimination.

It ruled that Indigenous peoples' rights to land are recognised, protected, and enforceable under the common law of Australia.
Bryan Keon-Cohen with Mabo Case plaintiffs
Image
Jun, 1989
Brisbane, Keon-Cohen, Bryan, Kobere, Henry, Mabo, Bonita, Mabo Case, Mabo, Eddie Jnr., Mabo, Edward Koiki, Mabo v Queensland No.1, Passi, Reverend Dave, Rice, James, Supreme Court of Queensland
Crown Land
Topic
 
colonisation, doctrine of tenure, indigenous Australians, International law, native title, New South Wales, sovereignty, terra nullius
High Court Victory
Topic
Jun, 3, 1992
Australia, Canberra, death, High Court judgement, High Court of Australia, High Court victory, land ownership, Mabo, Edward Koiki, native title
High Court of Australia
Image
 
Canberra, High Court Decision, 03/06/1992, High Court of Australia
Mabo V Queensland
Text
1992
Brisbane, Common Law, extinguishment, High Court Decision, 03/06/1992, native title
...a recognition of our human rights...
Image and Text
Jun, 3, 1992
Dodson, Michael, human rights, native title
Defining native title: the Mabo decision
Text
 
crown land, cultural preservation, doctrine of tenure, High Court judgement, Mabo judgement, terra nullius
Defining native title: the Native Title Act 1993
Text
1993
Common Law, custom, Mabo judgement, native title, Native Title Act (1993)
...full respect...
Image and Text
Jun, 1995
Common Law, cultural preservation, custom, Dodson, Michael, indigenous people
Time Immemorial
Topic
 
Mabo Case, Mabo, Edward Koiki, native title
Who Can Make An Application?
Topic
 
Federal Court of Australia, indigenous people, Mabo Case, Mabo judgement, Native Title Act (1993)
Determination Of Native Title
Topic
Nov, 25, 1993
Common Law, Federal Court of Australia, Native Title Act (1993)
A Humanitarian Tradition
Topic
 
Australia, colonialism, Cook, Captain James, First Fleet, humanitarians, land rights, terra nullius
Extinguishment Of Native Title
Topic
 
Brennan, Chief Justice Gerard, claim, crown land, extinguishment, native title, plaintiffs, Radical Title, Supreme Court USA
The Issues In Mabo #1
Topic
1988
Mabo v Queensland No.1, Queensland, Queensland Coast Islands Declaratory Act , 1985
Terra Nullius
Topic
 
colonisation, crown land, doctrine of tenure, First Fleet, New South Wales, sovereignty, terra nullius
Dispossession
Topic
 
colonisation, dispossession
General Principles Of Native Title
Topic
 
aboriginal law, Common Law, native title, Native Title Act (1993)
Human Rights
Topic
 
human rights, International law, Mabo judgement, Racial Discrimination Act , 1975 , United Nations
Land Bilong Islanders - Mabo
Topic
 
Great Northern expedition, land ownership, Mabo Case, Mabo, Edward Koiki, Malo's laws, Mer, Meriam culture, Moynihan, Justice Martin, Murray Island, sea rights
Pre-Existing Land Rights
Topic
 
land rights, Mabo judgement, native title
Resistance
Topic
 
activism, land rights, land rights, resistance, strike, unionism
Terra Nullius & Australia
Topic
 
crown land, dispossession, doctrine of tenure, First Fleet, land rights, resistance, terra nullius
Terra Nullius Defined
Topic
 
terra nullius
The Limits Of Native Title
Topic
 
Common Law, native title
The Political Response
Topic
 
10 point plan, Australian Court Case, backlash, Court, Richard, desecration, Keating, Paul, Mabo judgement, mining, pastoral industry, political reaction, racism, WA v Commonwealth
The Status Of Australian Colonies
Topic
 
crown land, land ownership, sovereignty, terra nullius
Tragedy & Victory
Topic
1992
Eddie Mabo's Death, 21/01/1992, High Court victory, Mabo judgement
The Order Of The Court
Text
1992
Brennan, Justice Gerard, crown land, Dawson, Justice, Deane, Sir William, Gaudron, Justice Mary, High Court judgement, Mason, Chief Justice Anthony, McHugh, Justice Michael, Mer, native title, Order of the Court, Toohey, Justice