Mabo v Queensland
Overview
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
decision recognising native title in Australia for the first time. The High Court rejected the doctrine of terra nullius
Terra nullius
Terra nullius is a Latin expression deriving from Roman law meaning "land belonging to no one" , which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished...
, in favour of the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
doctrine of aboriginal title
Aboriginal title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism...
, and overruled Milirrpum v Nabalco Pty Ltd (1971), a contrary decision of the Supreme Court of the Northern Territory
Supreme Court of the Northern Territory
The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters...
.
The action which brought about the decision had been led by Eddie Mabo
Eddie Mabo
Eddie Koiki Mabo was a Torres Strait Islander who is known for his role in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia that overturned the legal fiction of terra nullius which characterised Australian law with regards to land and...
, David Passi and James Rice, all from the Meriam people
Meriam people
Mer , in the eastern group of Torres Strait Islands off the northern tip of Australia, is home to the Meriam people.The Meriam people are perhaps best known for their involvement in the High Court of Australia's Mabo decision which fundamentally changed land law in Australia - recognising...
(from the Murray Islands in the Torres Strait
Torres Strait
The Torres Strait is a body of water which lies between Australia and the Melanesian island of New Guinea. It is approximately wide at its narrowest extent. To the south is Cape York Peninsula, the northernmost continental extremity of the Australian state of Queensland...
).
