Mabo v Queensland (No 2) is a 1992 decision of the High Court of Australia that recognized native title, the traditional land rights of Aboriginal and Torres Strait Islander peoples, for the first time under Australian law. It was brought by Eddie Mabo and other Meriam people of the Torres Strait against the State of Queensland. The decision overturned the legal fiction of terra nullius, land belonging to no one, which had previously been applied to treat Australia as having had no system of law or land ownership prior to British settlement, and it led directly to the Native Title Act 1993 (Cth).
Facts
Decision Year Decision Date HoldingThe High Court of Australia rejected the doctrine that Australia was terra nullius at the time of British settlement and recognised that native title to land, arising from the traditional customs and laws of Indigenous groups, survived as part of the common law of Australia. 1 Current StatusControlling precedent since 1992; overturned the doctrine of terra nullius in Australian law and has not been overruled. 1 Case Status
Case Status (category) Case Status (category)Overruled (in whole or part) 1 Case Status (category) Connections
Associated With
Source Native Title Act 1993 (Wikipedia)
Decided By
Source Mabo v Queensland (No 2) (Wikipedia)
In Legal System
Source Major Legal Systems in the World TodayRene David and John E.C. Brierley
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Source Wikidata: Mabo v Queensland (No 2)
Sources
1. Mabo v Queensland (No 2) (Wikipedia)
Wikimedia FoundationWikipedia lead section, decision date
and decided on 3 June 1992
Wikipedia 'Decision' section, terra nullius finding
The decision rejected the notion that Australia was terra nullius (i.e. owned by no one) at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws
Wikipedia 'Decision' section, native title finding
Native title exists as part of the common law of Australia
- Decided By: High Court of Australia, Infobox court field: High Court of Australia
In Group: Possession and Title Cases, Introduction, sentence 1
Mabo v Queensland (No 2) (commonly known as the Mabo case or simply Mabo; MAH-bo) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia.
View the Source Black's Law Dictionary
Bryan A. Garner, editor; founded by Henry Campbell Black, Thomson Reuters, 2019
Wikidata: Mabo v Queensland (No 2)
Wikidata Q1501525, class allow-list match (w-wdresolver-0926)View the Source Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985In Legal System: Common Law
Native Title Act 1993 (Wikipedia)
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