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Mabo vs Queensland Court Case
2
MABO VS QUEENSLAND
ABOUT
The Mabo decision altered the foundation of land law in Australia by overturning the doctrine
of terra nullius (land belonging to no-one) on which British claims to possession of Australia
were based. This recognition inserted the legal doctrine of native title into Australian law. The
judgments of the High Court in the Mabo case recognised the traditional rights of the Meriam
people to their islands in the eastern Torres Strait. The Court also held that native title existed for all Indigenous people in Australia prior to the establishment of the British Colony of NewSouth Wales in 1788. In recognising that Indigenous people in Australia had a prior title to
land taken by the Crown since Cook's declaration of possession in 1770, the Court held that this title exists today in any portion of land where it has not legally been extinguished. The
decision of the High Court was swiftly followed by the Native Title Act 1993 (Cth) which
attempted to codify the implications of the decision and set out a legislative regime under
which Australia’s Indigenous people could seek recognition of their native title rights.
TORTS
TORTS
The Mabo vs Queensland case falls under the tort, trespass. When Mabo's father, Benny, died in 1979, Eddie was told that he could not inherit his father's land because Queensland law only permitted people of European descent to own land. Which meant that queensland was trying to take away Eddie Mabos land. The Mabo decision was named after Torres Strait Islander Eddie 'Koiki' Mabo who led the fight to change land laws to recognise Indigenous connection and traditional ownership of land in Australia.
World War II, also known as the Second World War, was a global war that lasted
REMEDIES AWARDED
REMEDIES AWARDED
- In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people. This decision altered the foundation of land law in Australia and rendered terra nullius a legal fiction.
- Eddie Koiki Mabo has been rightfully recognised for his landmark work. Unfortunately this recognition only occurred after his death. 1992: awarded the Australian Human Rights Medal along with his fellow plaintiffs 'in recognition of their long and determined battle to gain justice for their people.
IMPACT
AFFECTS ON AUSTRALIAN'S LAW
- The judgements of the High Court of Australia in the Mabo case No. 2 introduced the principle of native title into the Australian legal system. In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people.
- The Mabo decision altered the foundation of land law in Australia by overturning the doctrine of terra nullius (land belonging to no-one) on which British claims to possession of Australia were based. This recognition inserted the legal doctrine of native title into Australian law.
- Eddie Mabo case challenged an existing law that prevented Aboriginal and Torres Strait Islander peoples from legally owning land that they had held since before European colonization.