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. This evidence referred to as the mabo case manuscripts is publically available, and were inscribed on the unesco international memory of the world register in 2001. In recognising 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 cooks instructions and the establishment of the british colony of new south wales. The mabo case and indigenous resistance to english settler colonialism 200 6 653 australian journal of. 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. The decision was the judgment of the high court in mabo v queensland no 21. Where any lodgment of islanders or others for questionable. Brisbane, evidence, exile, mabo, edward koiki, mabo v queensland no. Five things you should know about the mabo decision the. Jun 02, 2017 the 1992 mabo decision led to the native title act 1993 which created a framework that recognises aboriginal and torres strait islander peoples have rights to, and interests in, certain land because of their traditional laws and customs.
It is a measure of the massive importance of the decision in eddie mabo and others v queensland that vast amounts of work evaluating its 1560 words. The mabo case manuscripts the australian register unesco. 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. Eddie mabo v the state of queensland susan burton phillips 1. The court recognised that an interest in land that was less than exclusive possession, in that case a 9 derived from the latin phrase land belonging to no one. 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. World register as documents of unique and irreplaceable world. 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.
The judgments of the high court in the mabo case inserted the legal doctrine of native title into australian law. It is short for mabo and others v queensland no 2 1992. Home databases worldlii search feedback high court. Nevertheless, it appears that the queensland authorities exercised some. The adobe reader that you need for viewing and printing portable document format pdf files can be downloaded free of charge from the adobe website. This is a biography of eddie mabo, the leading plaintiff in the mabo case. When he was growing up, life in the torres strait islands was strictly regulated with laws made by the queensland government. In recognising the traditional rights of the meriam people to their islands in the eastern. Mabo v queensland no 2 1992 175 clr 1 at 109, justices deane and gaudron observed that. One change was that the decisions of the island court relating to land became the example par excellence of the existence of customary laws4an idea strongly contested by the queensland government.
Edward koiki mabo and the decision of the high court of australia, rendered in 1992, known asmabo v. Queensland became responsible for their administration but despite this annexation, and. He stated that his people had inhabited the island long befo. Traditional pacific land rights and international law. The islands, known as the murray islands, were annexed by the queensland government in 1879 and thus they became part of australia. The land fund and an administering body, the indigenous land corporation, were established by the nta, but the social justice package has not been delivered. This case only considers mabo in the context of the. See the list of programs recommended by our users below.
Queensland takes control in 1872, the queensland government claimed that many of the islands in the torres strait belonged to them. Mabo and others v qld no 1 mabo v queensland no 2 mabo. Ten years on i remember the day that the mabo decision came down. The selden society is hosting a lecture on the subject of mabo v the state of queensland as part of the 2016 lecture series. 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. Anthropological knowledge of the murray islands prior.
The mabo decision continues to influence reconciliation with 3. Foundations of the legal system, 2nd ed, melbourne, oxford university press, 2009, pp. A judicial revolution, 1993 queensland, queensland law journal. The case was decided by the supreme court of the northern territory in 1971. It allows access to land for living, traditional purposes, hunting or fishing andor to teach laws and.
Many australians mistakenly think that native title began with the historic. It also describes the broad historical process to which mabo and his legal action made their distinctive contribution. Almost 161,000 hectares of land known as bromley was formally handed back to traditional owners by minister furner, on behalf of the palaszczuk. 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 hearing before justice moynihan proceeded in much the same way as a. High court of australia decision in mabo and others v queensland.
The state of queensland submits that the queensland act retrospectively abolished all such rights and. State of queenslands defence pleads that the murray islands are islands to which the queensland act applies par. 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. I remember the elation i felt on hearing that the doctrine of terra nullius had been overturned. Mrs bonita mabo and her children eddie junior, celua and jessie commissioner kevin cocks. As a state, weve come together to reflect, commemorate and celebrate a number of key observance days, including commemoration of national sorry day 25 may and the anniversary of the 1967 referendum on the 27 th of may, mr pitt said. Mabo v state of queensland no 2 university of queensland. Many people were making large amounts of money from pearling and fishing in the torres strait and the queensland government wanted to share the profit.
Eddie mabo was a fighter for the land rights of aboriginals. Eddie koiki mabo, sam passi, reverend dave passi, james rice and. Keoncohen, bryan, mabo case, mabo, edward koiki, mabo v queensland no. While we do not yet have a description of the qld file format and what it is normally used for, we do know which programs are known to open these files. 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. I am proud to be an aboriginal woman and a descendant of the tagalaka clan group from croydon in north queensland. She brings a unique and valuable perspective to this landmark constitutional case. The judgement ruled that the common law as it existed. 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. Mr pitt said mabo day brings to a close the activities of reconciliation week. Rearrange individual pages or entire files in the desired order. Great northern expedition, land bilong islanders, mabo case, mabo v queensland no. The aboriginal land rights decision and its impact on australian law. Mabo v state of queensland no 2 22 september 2016 5.
Eddie koiki mabo was a torres strait islander who believed australian laws on land ownership were wrong and fought to change them. Mabo v queensland no 1, was a significant court case decided in the high court of australia on 8 december 1988. The decision of the court was handed down on 3 june 1992. Many australians mistakenly think that native title began with the historic high court of australia decision in mabo and others v queensland no. Eddie mabos ancestors lived for centuries on a group of three islands in the torres strait, near cape york. To establish its long term consequences may require considerable litigation, or.
The decision of the high court of australia in mabo v queensland no. In 1987 eddie mabo and his colleagues agree that if their challenge to the queensland act fails, they will also drop their land claim case. In opposition to the commonwealths national regime, the western australian state government had maintained its commitment to nullify the mabo decision. Queensland supreme and the high court of australia, form a large part of the body of evidence for the claims and counter claims for the meriam peoples native title case. In may 1991, the court heard arguments on questions of law relating to rights to land at common law. Mabo v queensland no 2 high court of australia, 1992 10 published compromised jurisprudence, strelein, ch.
The high courts judgement in the mabo case resulted in the introduction of the doctrine of native title into australian law, removing the myth of terra nullius and establishing a legal framework for native title claims by indigenous australians. Mabo family papers, has been inscribed on the unesco international memory of the. The hearing before justice moynihan proceeded in much the same way as a trial. Mabo is a massive and prolific case which is discussed in many of the subjects offered on this site. In 1879, queensland extended its boundary to include murray.
Eddies mabo led his people into court challenging the queensland government in 1982. Torres strait, eddie koiki mabo, father passi and grandfather rice, set in train a series of events that began in the queensland courts and ended in the high court of australia that overturned the doctrine that australia was unoccupied terra nullius at the time of the british invasion. Mabo and a group of meriam people brought forward a second case, adjourning the first hearing, which challenged the constitutional validity of the queensland coast islands declaratory act 1985. Anthropological knowledge of the murray islands prior to the mabo case the role of anthropology in the original mabo decision has been obscured by a number of contradictory contemporary trends. The mabo decision, and the full text of the decision in mabo and others v state of queensland. It is a great honour to be asked to deliver the antidiscrimination commission queenslands mabo oration. State of queensland s defence pleads that the murray islands are islands to which the queensland act applies par. The importance of mabo day and the native title act 1993 aboriginal peoples and torres strait islanders should be aware that the names of deceased persons appear in the article below.
Meanwhile the queensland parliament had passed the queensland coast islands declaratory act, which declared that preexisting land rights had been extinguished in 1879. This was the same law school where i was taught that aboriginal people have no legal title. He was born in 1936 on mer, which is also known as murray island, in the torres strait. The first is the lionisation of eddie mabo as the hero of the case, and that tends to overshadow the role of the other plaintiffs and the. During the 70s, the queensland government denied the meriam islanders the use of their land. It is a great honour to be asked to deliver the antidiscrimination commission queensland s mabo oration.
Visit the accessibility section for details about navigating this site using assistive technologies. 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. National heritage assessment of the murray island group. 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. Mabo v queensland no 2 case law lecture theatre, faculty of law, anu 6 june 2002 occasional paper. Mabo v queensland pdf mabo v queensland no 2 mabo case 1992 hca 23 1992. The high court is the highest court in australias judicial system. The result in the case was a recognition by the australian legal system that the meriam people hold rights to. His strength and determination made native title in australia a reality. Queensland no 2 leading cases of the common law mabo v state of queensland no 2 1992 175 clr 1 presented by the hon margaret white ao selden society australian chapter cordially invites you to lecture four in our 2016 lecture series thursday 22 september 2016, 5. The acts and events by which that dispossession in legal theory was carried into practical effect constitute the darkest aspect of the history of this nation. In december 1988, the high court finds in favour of mabo and rules that the queensland act is discriminatory. However, native title is the recognition of the longheld traditional laws and customs of australias aboriginal peoples and torres strait islanders. The result was the 1992 judgement we now know simply as.
The mabo papers, dating from 19591992, are significant for their documentation of a crucial period in the history of race relations in australia, featuring a series of battles and legal cases over the ownership and use of land, growing awareness of racial discrimination, and the social and health problems of indigenous peoples. Mabo v queensland no 2 laws2381 property, equity and. The central question to be determined in mabo v queensland no. 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. Mabo and others and the state of queensland was a high court native title, constitutional and real property law case involving a series of claims by the meriam peoples for native title of the murray islands a series of islands annexed to the colony of queensland. I was at the law school at the university of new south wales. Every day thousands of users submit information to us about which programs they use to open specific types of files. I remember the elation i felt on hearing that the doctrine of terra nullius had been. The reasons why mabo is not just another land rights case the canberra times act. In an attempt to preempt the case, the queensland parliament passed the queensland coast islands declaratory act 1985. The 1992 mabo decision led to the native title act 1993 which created a framework that recognises aboriginal and torres strait islander peoples have rights to, and interests in, certain land because of their traditional laws and customs. To establish its long term consequences may require considerable litigation, or perhaps federal legislative interpreta tion.
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