Defining Native Title

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.