Mabo V Queensland : An Australian Landmark Case

The court case consisted of the Queensland government passing an act and trying to pass a law which prevented Aboriginal people, from claiming native title. Native title in Australia being the government recognising the traditional connection that the Indigenous people have with the land and waters. Mabo eventually won this case, the result not being that they could claim native title but that the possibility was

In 1992, the doctrine of terra nullius was overruled by the High Court in the case Mabo v Queensland (No.2) [1992] HCA 23. After recognising that the Meriam people of Murray Island in the Torres Straits were native title landholders of their traditional land, the court also held that native title existed for all

Aboriginals lose a sense of meaning when the connection to the land is broken. There is a been a long history of a land rights struggle for Aboriginals and Torres Strait Islanders. In 1992, the high court rejected the notion of ‘terra nullius’ (land belonging to no one). This resulted in the Aboriginals being recognised as a civilisation that had lived on the land with laws for thousands of years before British settlement. The Native Title Act was passed in 1993 which sought to accomplish 4 objectives: acknowledgment of the land, validate past acts, establish a mechanism for determining claims to native title and set standards to deal with the native title in the future. This was significant for the Aboriginal spirituality because of the connection to the land. Many different cultures have their own interpretation of the land. James Price Point on Western Australia’s Kimberley coast has its own interpretation of meaning depending on the culture and

A protest labelled ‘Day of Mourning’ was held by Aboriginal Australians on 26 January 1938, the one-hundred-and-fiftieth anniversary of British colonisation of Australia. The National Museum of Australia states, “It was the first national gathering of Indigenous people protesting against the prejudice and discrimination that was a daily part of their lives, and marked the beginning of the modern Aboriginal political movement.” This protest was undertaken due to circumstances which have taken away the rights and freedoms of Aborigines. In this case, the British claimed that the land was terra nullius as the Aboriginal Australians did not seem to have any concept of law or ownership of the

Throughout Australian history, there have been men and women who fought for the entitlements of the indigenous people. The most respected and recognised of these is Eddie Mabo, a Torres Strait Islander. Mabo stood up for the rights of his people from a very young age all the way to his death, in order to generate changes in the policies and laws of the government. Mabo battled for his right to own the land which he had inherited from his adoptive father, a fight which was resolved only after his demise. Despite this, Eddie Mabo became one of the key influential figures in the Aboriginal rights movement, as his strong will, determination, and intelligence allowed him to bring about change.

For the purpose of this report, a visit to the Melbourne Magistrate's Court was made on 22nd March, 2016. On this day, the second day of a four day committal hearing was heard regarding the matter of Omer Cicekdag, presided over by Magistrate Ann Collins.

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

Aboriginal Land Rights Aboriginal Australians have always had an eternal bond with the land. For the 50,000 years or more, they have occupied the continent; the land provided not only the basic needs, but also the spiritual beliefs. In the Dreaming, the forms of the land, mountains, rivers, landscapes and animals took shape and the spirit of ancestors resided in places that became sacred sites to the Aboriginal people. The land to these people were their most precious commodity. When white settlement began in Australia in 1788, the concept of terra nullius {the land belonging to no-one} was adopted by the British.

Indigenous Australians have been fighting for their civil rights since European colonisation in 1788, in particular, for their rights to land ownership. Prior to the Mabo land rights case, there was very little success when it came to indigenous Australians making claims. The Mabo case took land rights to the highest court in Australia. It succeeded in achieving land rights and overturning Terra Nullius. The Mabo case helped to continue to chip away at the barriers of civil rights. The Mabo Case was a step towards Indigenous equality.

The case of Mabo decision with Queensland government was one of the most significant legal case in Australia, which recognised the land rights and the original ownership of Murray islanders in the Torres Strait. It was acting by Murray islanders and the High Court upheld. Based on the successful legal case, there are some key issues in the process for Indigenous’ land rights, which were changed in Australia law and affect future rulings in Australia, such as the Native Title ruling of the Aboriginal people’s land rights after the High Court passed the Act in 1993; in addition, due to this alteration of Australian laws, it not only had a big impact of Murray islanders but also on some other groups of Aboriginal people’s land rights reform.

From 1985 and 1992, Eddie Mabo and other residents of the Murray Islands in far north Queensland took action

Bulsey & Anor v State of Queensland [2015] QCA 187 signified the requirements of legal justifications when conducting unwarranted arrests, and further expresses the importance of the right to personal liberty as it is ‘the most fundamental of the human rights recognised under the common law.’ It was evident to the Judges that at least one officer held reasonable suspicion that “the suspect” had committed an indictable offence, but the lawfulness of the arrest was inevitably questioned as to whether an officer with reasonable suspicion was the arresting officer. The judgements in favour of the appellants heightens the need for officers to use their powers within the ‘confines of the law’ when ‘forcibly arrest[ing] and detaining’ a person as to preserve the right to personal liberty, for once this right is left in the power of any authority, to imprison arbitrarily whomever they suspect, ‘there would soon be an end of all other rights and immunities.’

Mr Michael Burch expired while his four wheeler vehicle clean off in YR ( yarra ranges) shire on 13th November, 1998.

Terra Nullius was once apparent in Australian society, but has now been nullified with the turn of the century. With the political changes in our society, and the apology to Indigenous Australians, society is now witnessing an increase in aboriginals gaining a voice in today’s society. Described by Pat Dodson (2006) as a seminal moment in Australia’s history, Rudd’s apology was expressed in the true spirit of reconciliation opening a new chapter in the history of Australia. Considerable debate has arisen within society as to whether aboriginals have a right to land that is of cultural significance and whether current land owners will be able to keep their land.

Eddie Mabo has had such an impact on today’s society for indigenous people and the Meriam people were facing racial discriminations in their community. Some of Eddie Mabo’s many achievements include “campaigning for better access for Indigenous peoples to legal and medical services, housing, social services and education and establishing the Townsville Black Community School.” (Stephenson, 1989-1999). Mabo believed that it was along for the Australians along with Terra Nullius, a legal document which held that Australia as unoccupied at the time of colonization. “I was sitting in a car breastfeeding my six month old son, who was born the day before I buried my dad, when I heard on the radio we had won the case. I started crying and thinking that if my father was alive he would be dancing. I then heard the sound of thunder and said to my son ‘hear that, he is dancing.” (Australian Government, 2014). Eddie Mabo has contributed to the Australian History a lot with his beliefs. Firstly, he has