This is an NFSA Digital Learning resource. See all Digital Learning websites.
A Challenge To The Established Law
More Information
Web video - requires <a href="http://www.apple.com/quicktime/download/">QuickTime</a> <br> <a href="#transcript">Transcript here</a>

The plaintiffs and their legal representatives faced significant obstacles. They were challenging the established legal view that native title had no place in Australian law, and this meant dealing with two other entrenched and closely connected doctrines, which were foundations of the Australian legal system.

The first was that of terra nullius.

The second was the principle that sovereignty delivered complete ownership of all land in the new Colony to the Crown, and so abolished any native title rights that may have existed previously.
...land belonging to no-one...
Video
1788
colonial warfare, colonisation, crown land, doctrine of tenure, extinguishment, Land Bilong Islanders, land rights, settlements, sovereignty, terra nullius
...no such recognition...
Video
 
Canada, Land Bilong Islanders, New Zealand (Aotearoa), recognition, treaties, United States of America
Crown Land
Topic
 
colonisation, doctrine of tenure, indigenous Australians, International law, native title, New South Wales, sovereignty, terra nullius
The Gove Case Issues
Text
1971
Blackburn, Justice, extinguishment, Gove, land rights, native title, Northern Territory, recognition, Supreme Court of the Northern Territory, Yolgnu
Proclamation of Annexation
Image
Jul, 19, 1979
annexation, colonisation, crown land, doctrine of tenure, land ownership, Mer, Queensland Government, terra nullius
Native Title & Sovereignty
Topic
 
indigenous people, native title, sovereignty
An Expression Of Sovereignty
Topic
Jun, 3, 1992
High Court of Australia, Mabo judgement, native title, self determination, self-government, sovereignty
A Humanitarian Tradition
Topic
 
Australia, colonialism, Cook, Captain James, First Fleet, humanitarians, land rights, terra nullius
Gove Land Rights case
Text
 
Blackburn, Justice, Common Law, Gove, land rights, native title, plaintiffs
...Challenges - Terra Nullius...
Text
 
terra nullius
...The doctrine of terra nullius...
Text
 
Canada, extinguishment, First Fleet, land rights, Mabo, Edward Koiki, Mabo judgement, Murray Island, New South Wales, New Zealand (Aotearoa), plaintiffs, Queensland, terra nullius, United States of America
...Territory practically unoccupied...
Text
1889-1991
Australian Court Case, Blackburn, Justice, Cooper V Stuart, doctrine of tenure, Federal Court of Australia, Gove Case, Mabo v Queensland No.2, Milirrpum v Nabalco Pty Ltd, 1971 , mining, Nabalco, Nettheim, Garth, New South Wales, Northern Territory, Privy Council, terra nullius, Yirrkala, Yolgnu
...Challenges - Sovereignty and ownership distinguished...
Text
1992
extinguishment, Murray Island, plaintiffs, Queensland, sovereignty
...Sovereignty...
Text
1992
annexation, Brennan, Justice Gerard, Mabo Case, Mabo v Queensland No.2, NSW v The Commonwealth, 1975, plaintiffs, sovereignty, sovereignty, terra nullius
Radical Title
Text
 
Australian Court Case, Common Law, Cooper V Stuart, crown land, New South Wales, plaintiffs, Queensland, Radical Title, sovereignty
...Title and Ownership Distinguished...
Text
1847-1992
Attorney-General (NSW) v Brown, 1847 , Australian Court Case, Brennan, Chief Justice Gerard, Common Law, Mabo v Queensland No.2, native title, New South Wales, NSW v The Commonwealth, 1975, ownership, Radical Title, Randwick Corporation v Rutledge, 1959 , sovereignty
Extinguishment Of Native Title
Topic
 
Brennan, Chief Justice Gerard, claim, crown land, extinguishment, native title, plaintiffs, Radical Title, Supreme Court USA
...Challenges - Is recognition of native title necessary?...
Text
1992
Brennan, Chief Justice Gerard, claim, extinguishment, Mabo v Queensland No.2, native title, plaintiffs, Queensland, Radical Title
Terra Nullius
Topic
 
colonisation, crown land, doctrine of tenure, First Fleet, New South Wales, sovereignty, terra nullius
Defining Native Title
Topic
 
aboriginal law, land ownership, native title
Extinguishment of Native Title Continued
Text
1989
claim, extinguishment, land ownership, native title, plaintiffs, Queen Victoria, Radical Title, sovereignty
Pre-Existing Land Rights
Topic
 
land rights, Mabo judgement, native title
Sovereignty & Indigenous Self-Government
Topic
 
Mabo judgement, native title, sovereignty
Sovereignty & Ownership Distinguished
Topic
 
land ownership, Mabo judgement, native title, sovereignty
Terra Nullius & Australia
Topic
 
crown land, dispossession, doctrine of tenure, First Fleet, land rights, resistance, terra nullius
Terra Nullius Defined
Topic
 
terra nullius
The Doctrine Of Tenures Reconsidered
Topic
 
crown land, doctrine of tenure, land rights, Mabo judgement
The Status Of Australian Colonies
Topic
 
crown land, land ownership, sovereignty, terra nullius