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. Mabo v state of queensland no 2 22 september 2016 5. Five things you should know about the mabo decision the. The reasons why mabo is not just another land rights case the canberra times act. In may 1991, the court heard arguments on questions of law relating to rights to land at common law. 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. 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. The central question to be determined in mabo v queensland no. Mabo v queensland pdf mabo v queensland no 2 mabo case 1992 hca 23 1992. This is a biography of eddie mabo, the leading plaintiff in the mabo case.
The mabo case and indigenous resistance to english settler colonialism 200 6 653 australian journal of. However, native title is the recognition of the longheld traditional laws and customs of australias aboriginal peoples and torres strait islanders. Mabo v queensland no 2 1992 175 clr 1 at 109, justices deane and gaudron observed that. 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. 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. 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. 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. Every day thousands of users submit information to us about which programs they use to open specific types of files. I was at the law school at the university of new south wales. 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. 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.
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. The aboriginal land rights decision and its impact on australian law. Mrs bonita mabo and her children eddie junior, celua and jessie commissioner kevin cocks. 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. World register as documents of unique and irreplaceable world. The decision of the high court of australia in mabo v queensland no. 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.
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. The result was the 1992 judgement we now know simply as. Eddie mabos ancestors lived for centuries on a group of three islands in the torres strait, near cape york. 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. In 1879, queensland extended its boundary to include murray. 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. 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. It is a great honour to be asked to deliver the antidiscrimination commission queensland s mabo oration. Anthropological knowledge of the murray islands prior. Many australians mistakenly think that native title began with the historic high court of australia decision in mabo and others v queensland no. Rearrange individual pages or entire files in the desired order. It is a great honour to be asked to deliver the antidiscrimination commission queenslands mabo oration.
The case was decided by the supreme court of the northern territory in 1971. This was the same law school where i was taught that aboriginal people have no legal title. Where any lodgment of islanders or others for questionable. In recognising the traditional rights of the meriam people to their islands in the eastern. 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. Eddie mabo was a fighter for the land rights of aboriginals. Eddie koiki mabo, sam passi, reverend dave passi, james rice and. He was born in 1936 on mer, which is also known as murray island, in the torres strait. Great northern expedition, land bilong islanders, mabo case, mabo v queensland no. 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.
Eddie mabo v the state of queensland susan burton phillips 1. 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. 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. Brisbane, evidence, exile, mabo, edward koiki, mabo v queensland no. Mabo v state of queensland no 2 university of queensland. Eddies mabo led his people into court challenging the queensland government in 1982. State of queenslands defence pleads that the murray islands are islands to which the queensland act applies par.
Ten years on i remember the day that the mabo decision came down. 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. Queensland became responsible for their administration but despite this annexation, and. Visit the accessibility section for details about navigating this site using assistive technologies. In opposition to the commonwealths national regime, the western australian state government had maintained its commitment to nullify the mabo decision. It is short for mabo and others v queensland no 2 1992. 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. Mabo v queensland no 2 case law lecture theatre, faculty of law, anu 6 june 2002 occasional paper.
His strength and determination made native title in australia a reality. State of queensland s defence pleads that the murray islands are islands to which the queensland act applies par. The mabo case manuscripts the australian register unesco. The state of queensland submits that the queensland act retrospectively abolished all such rights and. The hearing before justice moynihan proceeded in much the same way as a trial. It also describes the broad historical process to which mabo and his legal action made their distinctive contribution. 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 mabo decision, and the full text of the decision in mabo and others v state of queensland. Foundations of the legal system, 2nd ed, melbourne, oxford university press, 2009, pp. The islands, known as the murray islands, were annexed by the queensland government in 1879 and thus they became part of australia. It allows access to land for living, traditional purposes, hunting or fishing andor to teach laws and. Almost 161,000 hectares of land known as bromley was formally handed back to traditional owners by minister furner, on behalf of the palaszczuk. Home databases worldlii search feedback high court.
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. The decision of the court was handed down on 3 june 1992. 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. Queensland takes control in 1872, the queensland government claimed that many of the islands in the torres strait belonged to them. National heritage assessment of the murray island group. I remember the elation i felt on hearing that the doctrine of terra nullius had been. During the 70s, the queensland government denied the meriam islanders the use of their land.
He stated that his people had inhabited the island long befo. The high court is the highest court in australias judicial system. Mabo and others v qld no 1 mabo v queensland no 2 mabo. Many australians mistakenly think that native title began with the historic. In an attempt to preempt the case, the queensland parliament passed the queensland coast islands declaratory act 1985.
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. Mr pitt said mabo day brings to a close the activities of reconciliation week. Mabo family papers, has been inscribed on the unesco international memory of the. The judgement ruled that the common law as it existed. To establish its long term consequences may require considerable litigation, or perhaps federal legislative interpreta tion. Meanwhile the queensland parliament had passed the queensland coast islands declaratory act, which declared that preexisting land rights had been extinguished in 1879. I remember the elation i felt on hearing that the doctrine of terra nullius had been overturned. 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.
A judicial revolution, 1993 queensland, queensland law journal. 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. Mabo v queensland no 2 laws2381 property, equity and. The judgments of the high court in the mabo case inserted the legal doctrine of native title into australian law. Mabo v queensland no 2 high court of australia, 1992 10 published compromised jurisprudence, strelein, ch. The mabo decision continues to influence reconciliation with 3. The selden society is hosting a lecture on the subject of mabo v the state of queensland as part of the 2016 lecture series. Traditional pacific land rights and international law. The result in the case was a recognition by the australian legal system that the meriam people hold rights to. When he was growing up, life in the torres strait islands was strictly regulated with laws made by the queensland government. 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.
Keoncohen, bryan, mabo case, mabo, edward koiki, mabo v queensland no. In december 1988, the high court finds in favour of mabo and rules that the queensland act is discriminatory. Edward koiki mabo and the decision of the high court of australia, rendered in 1992, known asmabo v. 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. 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. See the list of programs recommended by our users below. The hearing before justice moynihan proceeded in much the same way as a. This case only considers mabo in the context of the. The legal decision was made by the high court on 3 june 1992. 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. She brings a unique and valuable perspective to this landmark constitutional case.
I am proud to be an aboriginal woman and a descendant of the tagalaka clan group from croydon in north queensland. High court of australia decision in mabo and others v queensland. 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. 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. The decision was the judgment of the high court in mabo v queensland no 21. Mabo is a massive and prolific case which is discussed in many of the subjects offered on this site.
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