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

The Murray Island plaintiffs in the Mabo case did not dispute the acquisition of sovereignty by the Crown over their islands back in 1879. And the Justices said that the question of whether that sovereignty had been validly acquired was not something the Court could consider.

A number of earlier decisions in Australia, as well as in England, determined that "the acquisition of territory by a sovereign state for the first time, is an act of state which cannot be challenged, controlled or interfered with by the courts... "

So did it follow then, that the Australian colonies should be regarded as 'settled colonies', so that English law was received and applicable from the outset? The Justices did not overturn this proposition either.
Protect post-1788 titles: Goss
Newspaper
Aug, 14, 1993
doctrine of tenure, Keating, Paul, Queensland Government, States' rights, Wik
Settled Colony And Reception Of English Law
Text
1992
barbarism, Brennan, Justice Gerard, British law, Canberra, Common Law, land use, Mabo judgement, settlements, sovereignty, 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
Terra Nullius
Topic
 
colonisation, crown land, doctrine of tenure, First Fleet, New South Wales, sovereignty, terra nullius
Murray Island Annexation
Topic
1879
annexation, colonisation, conquest, International law, Mabo Case, Mer, Murray Island, Queensland, terra nullius
GovernmentAuthority
Topic
1879
assimilation, Mer, Murray Island, Murray Island Council, Murray Island Native Court, Queensland, school
Justifications
Topic
 
barbarism, colonisation, terra nullius
Reception Of English Law
Topic
 
colonisation, Common Law, International law
Settled & Conquered Colonies
Topic
 
British law, colonisation, Common Law, terra nullius
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
The Status Of Australian Colonies
Topic
 
crown land, land ownership, sovereignty, terra nullius
Colonisation
Topic
 
colonisation, High Court of Australia, Mabo judgement, terra nullius