It is short for mabo and others v queensland no 2 1992. Mabo and others v qld no 1 mabo v queensland no 2 mabo. When a proposal to expand the maritime boundaries of queensland to include these islands was under consideration, commander. High court overturns 200 years of common law mabo v queensland no 2 1992 facts of the case the murray islands are a group of three islands mer, dauar and waier that lie in the torres strait in northern queensland. 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.
Wik peoples v queensland 1996 hca 40, in which the high court ruled that. If, as one commentator put it, mabo is just a case about three very small islands, then engineers was just a case about a small industrial dispute in a western australian railway yard. Rights high court overturns 200 years of common law. In mabo v queensland no 1 1988 the high court found that the legislation passed by the queensland government was invalid as it was. The decision was the judgment of the high court in mabo v queensland no 21. The high court resolved that the supreme court of queensland should determine the parameters of the case. Mabo v queensland no 2 laws2381 property, equity and. The wider significance of mabo v queensland, 17 no 4 alternative l. The legal decision was made by the high court on 3 june 1992. Although the murray islands, prior to their annexation to queensland in. The mabo cases are some of the most well known cases in the australian legal system, this paper will focus on the mabo v. Volume 161 judicial revolution or cautious correction. This website is managed by the office of the queensland parliamentary counsel.
The curriculumaligned activity sets in this article are created to supplement resources from britannica school. To establish its long term consequences may require considerable litigation, or. 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. Recent decisions noteup help mabo v queensland 1988 hca 69. While this decision was underway, the queensland parliament passed the torres strait islands coastal islands act 1985, which extinguished without compensation any torres strait islander claims to their traditional lands. To print this judgment please return to the case and click on the pdf icon next to the case name. The mabo decision changed australias concept of land ownership.
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. This bibliography was generated on cite this for me on thursday, october 12, 2017. Eddie mabo v the state of queensland susan burton phillips 1. A brief overview of the land rights debate in australia, the mabo decision of 1992, and the native title act of 1993. 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.
All legislation published on this website is available in pdf format suitable for. Mabo is a massive and prolific case which is discussed in many of the subjects offered on this site. The state of queensland and another 1989 166 clr 186 f. It was a divisive yet important step toward recognising indigenous rights and establishing native title.
Nor is it understood that the native title act 1993 was primarily aimed not at recognition of native title but to accommodate and give security to every other existing stakeholder in land, so that the new recognition of the. 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 their land. Australian court case, brennan, chief justice gerard, common law, mabo v queensland no. Queensland v commonwealth 1989 167 clr 232 the wet. Mabo v queensland no 1, was a significant court case decided in the high court of australia on 8 december 1988. Synopsis of the queensland environmental legal system. In response, eddie mabo and his fellow applicants were left with no choice but to challenge the validity of the legislation in the high court if they wanted their case to continue, which they did in june 1985. 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. Brennan j summarised the defendants argument at clr 26 to be that.
Wik peoples v queensland 1996 hca 40 further influenced changes in native title law. The central question to be determined in mabo v queensland no. On 20th may 1982 eddie mabo, david passi, james rice and others brought an action against the state of queensland and the commonwealth of australia in the high court for the purposes of claiming land rights to the murray islands based upon their local custom and traditional native. The case was heard over ten years, progressing from the queensland supreme court to the high court of australia.
Mabo and others v the state of queensland no2 1992 175 clr 1. National reconciliation week in australia ends on june 3rd every year, a date purposefully chosen to commemorate an important milestone in the continuing journey towards reconciliation. These are the sources and citations used to research the mabo v. Focus questions what were the legal issues in wik peoples v queensland 1996 hca 40. 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. Mabo v queensland no 2 mabo case 1992 hca 23, 1992 175 clr 1 1992.
She brings a unique and valuable perspective to this landmark constitutional case. 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. To establish its long term consequences may require considerable litigation, or perhaps federal legislative interpreta. State of queensland 1992 was both good news and bad news for indigenous people. 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. 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. The end of terra nullius, the beginning of native title. Mabo v state of queensland no 2 university of queensland. 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. June 1992 bearing the name mabo v state of queensland no 2,1 is among a small number of legal decisions which has had a profound effect on this country. The mabo decision is short for mabo vs queensland no 2 1992.
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. Mabo v queensland no 2 commonly known as mabo was a landmark high court of. The high court is the highest court in australias judicial system. Introduction the general outlines of the high court of australias 1992 decision in maho v queensland no 2 are now reasonably widely known.
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. It is not widely understood that the high court decision in the case mabo and others v. The case was decided by the supreme court of the northern territory in 1971. 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 overturning the doctrine of terra nullius. This case only considers mabo in the context of the. Mabo day on june 3rd, celebrates the life and work of eddie mabo who fought to disprove terra nullius. Eddie koiki mabo was one of five plaintiffs to bring the action against the state of queensland. For court use, a full pdf copy is required or preferred. Understanding a case citation law guide library guides. No 2 indicates there was an earlier judgment of the same name.