June 1992 bearing the name mabo v state of queensland no 2,1 is. In mabo v queensland, the high court of australia recognised aboriginal customary rights to land for the first time. Join us in september as the hon margaret white ao presents an indepth look at one of the most important judgments ever delivered by the high court, mabo v state of queensland no 2 1992 175 clr 1 the hon margaret white ao acted as junior counsel for the queensland government for the ten years of litigation. Mabo v queensland 1988 hca 69 mabo v queensland 08 december 1988 1988 hca 69 08 december 1988 mason c. He became well known for campaigning for indigenous land rights. Murray islanders in accordance with their laws or customs is preserved, as native title, under the law of queensland. Queensland iis recognition of indigenous peoples rights to their traditional lands, the jurisprudence of native title has undergone significant development. The reasons why mabo is not just another land rights. State of queenslands defence pleads that the murray islands are islands to which the queensland act. Common law native title in australia an analysis of mabo v.
Mabo v queensland number 1 in 1985, while the mabo case was proceeding, the queensland government sought to circumvent the issue of whether rights of indigenous peoples survived colonisation. The selden society 2016 lecture series continues with the hon margaret white ao on mabo v state of queensland no 2 1992 175 clr 1. The plaintiffs challenge was based primarily on the commonwealths racial discrimination act. The end of terra nullius, the beginning of native title. This judgement opened the way for koiki mabo, dave passi and james rice to test the legal rights of meriam people to their land on the islands of mer, duar, and waier in.
Australian property lawintroduction wikibooks, open books. Mabo v queensland no 2 mabo case 1992 hca 23, 1992. Mabo and others v qld no 1 mabo v queensland no 2 mabo. The result was the 1992 judgement we now know simply as. I have no doubt at all that the decision of the high court of australia handed down on 3. Mabo v queensland no 2 commonly known as mabo was a landmark high court of australia decision in 1992 recognising native title in australia for the first time. It is short for mabo and others v queensland no 2 1992. The case was heard over ten years, progressing from the queensland supreme court to the high court of australia. The mabo decision thus solved the problem posed by the gove land rights case in 1971, which followed the legal fiction of terra nullius. She brings a unique and valuable perspective to this landmark constitutional case.
On 20 may 1982, eddie koiki mabo, sam passi, david passi, celuia mapo salee and james rice began their legal claim for ownership of their lands on the island of mer in the torres strait between australia and papua new guinea. This case only considers mabo in the context of the. Mabo v state of queensland no 2 22 september 2016 5. The decision was the judgment of the high court in mabo v queensland no 21. The leader of the case was eddie mabo hence the notorious name for the case the mabo decision. The term mabo, as used in the media reports, refers to all issues relating to the australian high court judgement in the mabo v. Wotton v state of queensland no 5 2016 fca 1457 file number. Department of environment doe, supreme court of belize 30 june 2008 claim no. The mabo cases are some of the most well known cases in the australian legal system, this paper will focus on the mabo v. In particular, he became famous for his role in an historic decision by the high court of australia in 1992, which overturned the idea that australia was. Mabo v state of queensland no 2 university of queensland.
The mabo decision was named after eddie mabo, the man who challenged the australian legal. Mabo v state of queensland 1992 66aljr408 the recognition of native title by the full court of the high court of australia in mabo v queensland 3 june 1992 is an important development in the relationship between australias indigenous people and its european settlers. On the 3rd of june 1992, the high court ruled by a majority of six to one that the meriam people were entitled as against the. The high court is the highest court in australias judicial system. Eddie mabo simple english wikipedia, the free encyclopedia. Mabo is a massive and prolific case which is discussed in many of the subjects studied.
Mabo v queensland no 1, was a significant court case decided in the high court of australia on 8 december 1988. For the purposes of the demurrer now before the court the. The courts judgment on the 3rd of june, 1992, after a decade of litigation, the high court ruled that the land title of the indigenous peoples, the aborigines and torres strait. Five things you should know about the mabo decision the. Mabo v queensland no 2 commonly known as mabo was a landmark australian court case which was decided by the high court of australia on june 3, 1992. The mabo decision is short for mabo vs queensland no 2 1992. However, the high court ruled in 1988 mabo v the state of queensland no. Detail from the cover of the mabo v queensland document. The eddie koiki mabo lecture 2012 mabo 20 years on. The queensland government had earlier tried to extinguish the meriam peoples property rights under the queensland coast islands declaratory act 1985. Mabo v queensland no 2 mabo no 22 was the first occasion in which a claim of preexisting indigenous3 interests in land in australia was squarely before the high court, and the litigation necessarily raised issues surrounding the acquisition of sovereignty over the new hollandaustralian territories by great britain. Sir harry gibbs legal heritage centre supreme court library. The mabo case and indigenous resistance to english settler colonialism 200 6 653 australian journal of.
The effective result of the judgement was to make irrelevant the declaration of terra nullius, or land belonging to noone which had been taken to occur from the commencement british colonisation in 1788, and to recognise a form of native title. The mabo case the mabo decision altered the foundation of land law in australia by overturning the doctrine of terra nullius land belonging to noone on which british claims to possession of australia were based. For more information on selden society lecture series visit. Mabo australia, informal, law the high court case mabo v queensland no 2, which rejected the doctrine of terra nullius in favour of the commonlaw doctrine of aboriginal title. To establish its long term consequences may require considerable litigation, or. The high court held that the doctrine of terra nullius, which imported all laws of england to a new land, did not apply in circumstances where there were already inhabitants present even if those inhabitants had been regarded at. Austlii website legislation native title act 1993 cth background on 20 may 1982, eddie koiki mabo, sam passi, david passi, celuia mapo salee and james rice. A group of men from meriam fought against the queensland government for acknowledgement of the rights of aboriginal as the traditional owners of their land. It found that the queensland coast islands declaratory act 1985, which attempted to retrospectively abolish native title rights, was not valid according to the racial discrimination act 1975. Mabo v queensland 1988 hca 69 166 clr 186 barnet jade. The legal decision was made by the high court on 3 june 1992. Eddie mabo v the state of queensland susan burton phillips 1. To establish its long term consequences may require considerable litigation, or perhaps federal legislative interpreta tion.
The high court required the supreme court of queensland to determine the facts on which the case was based but while the case was with the queensland court, the state. Federal governments discussion paper which outlines background to high courts decision on native title, consultation process, unresolved key issues. The high court rejected the doctrine of terra nullius, in favour of the common law doctrine of aboriginal title, and overruled milirrpum v nabalco pty ltd 1971, a contrary decision of the supreme court of the northern territory. The result in the case was a recognition by the australian legal system that the meriam people hold rights to. To maintain the pages relevant and succinct, we have a dedicated mabo page for each one of the subjects in which it is covered, which only contains the issues relevant to that subject. Mabo case home a brief outline of the mabo judgement and. Queensland, a case that was litigated over for almost a decade in the australian high court, this case was a monumental step for indigenous people in australia. On 12 june 1991 the torres strait island land act 1991 qld9 is enacted and the queensland 3 mabo v queensland no. Mabo v queensland overturning the doctrine of terra nullius. The new doctrine of native title replaced a 17th century doctrine of terra nullius noones land on which british claims to possession of australia were based. Professor henry reynolds it was 20 years ago tomorrow when the high court in a six to one judgement declared in mabo v queensland that the meriam people of the eastern torres strait had rights as against the whole world to possession. Foundations of the legal system, 2nd ed, melbourne, oxford university press, 2009, pp. Aboriginesconstitutional lawreal property aboriginesnative title to landwhether extinguished by annexation by crownreception of common law in australiaeffect on native titleterra nuliuswhether doctrine applicable in australia.
Oct 03, 2016 the selden society 2016 lecture series continues with the hon margaret white ao on mabo v state of queensland no 2 1992 175 clr 1. We are currently trying to work out how to include all the information relevant to all the courses but still separated in a way which is easy to read. The judgement ruled that the common law as it existed. Eddie mabo was an indigenous activist whose efforts. Mabo v queensland no 2 commonly known as mabo was a landmark high court of australia decision in 1992 recognising native title in australia for the first. The mabo decision altered the foundation of land law in australia by overturning the doctrine of terra nullius land belonging to noone on which british claims to. Memory of the world register nomination form australia the mabo case manuscripts part a essential information the personal papers of edward koiki mabo are held alongside legal and historical materials relating to the mabo case. The national library of australias copies direct service lets you purchase higher quality, larger sized photocopies or electronic copies of newspapers pages clicking on the order now button below will open the ordering form in a new window which will allow you to enter the details of your request. Mabo is a massive and prolific case which is discussed in many of the subjects offered on this site.
In australia, private property in land was introduced in 1788, displacing systems of aboriginal law based on common ownership. These six judgments in the mabo case comprise hundreds of pages, of which just three pages are shown here. The selden society is hosting a lecture on the subject of mabo v the state of queensland as part of the 2016 lecture series. Australian property lawintroduction wikibooks, open. Professor henry reynolds it was 20 years ago tomorrow when the high court in a six to one judgement declared in mabo v queensland that the meriam people of the eastern torres strait had. In particular, he became famous for his role in an historic decision by the high court of australia in 1992, which overturned the idea that australia was terra nullius land belonging to nobody. Edward koiki mabo and the decision of the high court of australia, rendered in 1992, known asmabo v. Leading cases of the common law mabo v state of queensland no 2 1992 175 clr 1 will be presented by the hon margaret white ao the lecture will be video recorded for the benefit of the societys wider membership. The mabo case overview the mabo decision altered the foundation of land law in australia by overturning the doctrine of terra nullius land belonging to noone on which british claims to possession of australia were based. Mabo v queensland no 2 laws2381 property, equity and. Mabo v queensland no 2 mabo case 1992 hca 23, 1992 175 clr 1 1992. The mabo decision was named after eddie mabo, the man who challenged the australian legal system and fought for recognition of the rights of aboriginal and torres strait islander peoples as the traditional owners of. The majority judgments in full are the largest, and perhaps also the plainest in appearance, of australias key constitutional documents. Atns agreements, treaties and negotiated settlements project.
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