Form Of Land Constraliation In The Australian Common Law System

In 1788 when the European settlers “colonised” Australia, the Australian land was known as “terra nullius” which means “land belonging to no-one”. This decision set the stage for the problems and

Customary laws are the traditional common rules or practices that have been passed down through generations and have become a native part of the expected conduct in a community.

See also Ron McCallum, ‘The Australian Constitution and the Shaping of Our Federal and State Labour Laws’ (2005) 10 (1) Deakin law Review 461-463.

Importantly for Australia has been the take over of land by the British under the doctrine of

Now I shall talk about how the Australian Constitution. It’s common knowledge to know that a constitution is pretty much the law of the land and a foundation of the laws that rule there. Constitutions are very important for countries to have. Helen Irving explains in The Oxford Companion of Australian Politics that, “Its Preamble records the agreement of the six Australian colonies to federate in 1901 and to remain together as ‘one indissoluble federal Commonwealth’.” The Australian Constitution was written as a bill when the colonies met in 1890. The constitution has a full draft by the end of 1891 but colonial parliaments failed to pass it (Irving).

Consequently, the indigenous Australians were considered a primitive race, with no obvious system of local law, and Australia was deemed uninhabited land under the doctrine of Terra Nullius - thereby, allowing Britain to claim sovereignty over it

The impact of British colonisation resulted in Australia being declared 'terra-nullius' 'land belonging to no-one' and Aboriginal peoples were subject to policies of dispossession and protectionism in a bid to the eventual demise of all facets of their traditional culture. (http://www.bookrags.com/essay-2005/3/2/5583/41950, 2005) The policy of 'terra

Although these laws were designed for all of the states, Tasmania (Vans Demons Land) provided the rest of the states with crops as the soil was better to grow crops on there’s. New South Wales also can provide the country (other states) with resources because they are the most populated they have a better industrial industry which was frequently shared with the other states (after the laws and beliefs were enforced). These laws and beliefs privileged every single state although was thought to be

Case by case indigenous Australians begin to gain access to the land that was taken from them.

These laws were formed by ancestors, spirits, and Aboriginal beliefs, and were passed down the generations by word-of-mouth instead of written down. Being over 500 tribes (each with it's own clans) in Australia at one point, there were many variations to their guidelines, customised to each area of the land. Although the laws varied throughout the ages, this way of life remained until white settlement.

The Mabo decision of 1992 was hailed as a landmark case in the history of indigenous-white relations in Australia. Overturning centuries of injustice, as well as the myth of right by ‘terra nullius’, the case prompted the passing of the Native Title Act of 1993, which affirmed native title and asserted that native Australians possessed their land under common law, and in doing so ushered in a new era of equality in Australian society. However, though correctly lauded as a milestone in recognition of aboriginals as valid legal entities, the act was not without its problems, and in truth has had little impact on Australian society as a whole. As we shall see, the trend of positive reform existent in the act was not supported in practice, and aboriginal Australians remain at the mercy of Western courts when it comes to their land. Though the Mabo decision and the subsequent Native Title Act went some way to correcting past injustices, its actual impact on Australian society has been negligible.

Eddie Mabo was a revolutionary figure in the rights of Australia’s Indigenous people. With the introduction of white people to Australia in 1788, they followed the idea of terra nullius which was a Latin term meaning ‘land belonging to no one’. The white settlers ripped the Indigenous people’s land from under their feet therein making the original Australians a displaced group of people. Mabo’s court case enabled the Aboriginal people to have ownership of their own land. By taking the request for land rights to the High Court of Australia, Eddie Mabo brought the plight of the landless Indigenous people into the public spotlight.

Key features and doctrines of the Australian legal system are the rule of law, procedural fairness and the court hierarchy which are all crucial to achieving justice. Justice is achieved when people are treated without bias, a case is handled just, and equal outcomes are achieved for both parties.

The High Court has as of late considered the fraud special case to indefeasibility of title of land possession in the case of Cassegrain v Gerard Cassegrain & Co Pty Ltd. The decision permits a wife to keep a half benefit for a dairy farm property in spite of paying no thought for it and just being the beneficiary of that intrigue due to her spouse 's fraud. The misfortune here is the party denied of a benefit for the land by fraud, while the victor is obviously the unwitting beneficiary of that interest.

In the 6th century, the trial or ordeal began, later in the 11th century the common law developed in England and the Normans evaded England. The common law system was brought over to Australia in the year 1788. The courts of Equity were developed due to the common law courts are ‘unjust’. These courts introduced fairness into our common law system.