Mabo v Queensland (No 2)

Legal case heard in the High Court of Australia in 1992
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1992
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11/11/2001
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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 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 the time as "uncivilized". Consequently, the Court held that the rules of reception of international English law that applied were not those applicable where the land was barren and unprotected, but rather the rules that applied where an existing people were settled. The result was that existing customary laws which were present at the time of settlement survived the reception of English law to the extent not modified or excluded by subsequent inconsistent laws and acts of the British. Relevantly, that existing law included indigenous land title. As such, any indigenous land rights which had not been extinguished by subsequent grants by the Crown continued to exist in Australia. In so ruling, the High Court overturned Milirrpum v Nabalco Pty Ltd, a contrary decision of the Supreme Court of the Northern Territory.
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Eddie Mabo & Ors v. The State of Queensland and The Commonwealth of Australia
Mabo Decision
Eddie Mabo & Ors v The State of Queensland and The Commonwealth of Australia
Eddie Mabo & Ors v The State of Queensland (No.2)
Eddie Mabo v. Queensland (No.2)
Eddie Mabo v Queensland (No.2)
Mabo decision
Mabo v Queensland (No 2) (1992)
Mabo v. Queensland
Mabo v Qld
Mabo vs queensland
Mabo v Queensland (No. 2)
Mabo 2
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