Mabo v Queensland (No 2)

E247734

Mabo v Queensland (No 2) is a landmark 1992 High Court of Australia decision that recognized native title and overturned the doctrine of terra nullius in relation to Aboriginal and Torres Strait Islander land rights.

All labels observed (10)

How this entity was disambiguated

Statements (58)

Predicate Object
instanceOf High Court of Australia decision ⓘ
landmark court case ⓘ
native title case ⓘ
bench Daryl Dawson ⓘ
Gerard Brennan ⓘ
John Toohey ⓘ
Mary Gaudron ⓘ
Michael McHugh ⓘ
Sir Anthony Mason ⓘ
William Deane ⓘ
citation (1992) 175 CLR 1 ⓘ
[1992] HCA 23 ⓘ
country Australia ⓘ
court High Court of Australia ⓘ
dateDecided 1992-06-03 ⓘ
defendant State of Queensland ⓘ
linked to: Queensland
dissentingJudges Dawson ⓘ
fullCaseName Mabo and Others v State of Queensland ⓘ
geographicalFocus Murray Islands, Torres Strait ⓘ
linked to: Murray Island
held extinguishment of native title must be clear and plain ⓘ
inconsistency between native title rights and later grants can extinguish native title ⓘ
native title can be recognised where a traditional connection with land is maintained ⓘ
native title can survive the acquisition of sovereignty ⓘ
native title is a sui generis interest in land ⓘ
native title is based on traditional laws and customs of Indigenous peoples ⓘ
native title is recognised by the common law of Australia ⓘ
native title may be extinguished by valid exercise of sovereign power ⓘ
the Crown acquired radical title, not beneficial ownership, upon sovereignty ⓘ
the Meriam people hold native title rights to the Murray Islands ⓘ
the doctrine of terra nullius does not apply to Australia ⓘ
impact foundation of the Australian native title system ⓘ
major shift in Australian property law ⓘ
recognition of pre-existing Indigenous rights to land ⓘ
influenced recognition of native title across Australia ⓘ
jurisdiction original jurisdiction of the High Court of Australia ⓘ
leadingJudgmentBy Gerard Brennan ⓘ
legalArea Aboriginal and Torres Strait Islander land rights ⓘ
constitutional law ⓘ
native title ⓘ
property law ⓘ
legalPrinciple continuity of Indigenous laws and customs ⓘ
radical title of the Crown ⓘ
requirement of clear and plain intention to extinguish native title ⓘ
majorityJudges Brennan ⓘ
Deane ⓘ
Gaudron ⓘ
Mason ⓘ
McHugh ⓘ
Toohey ⓘ
overturned the notion that Australia was land belonging to no one at British acquisition ⓘ
overturnedDoctrine terra nullius in relation to Australia ⓘ
plaintiff David Passi ⓘ
Eddie Koiki Mabo ⓘ
James Rice ⓘ
relatedTo Mabo v Queensland (No 1) ⓘ
Native Title Act 1993 ⓘ
subjectMatter land rights of the Meriam people of the Murray Islands ⓘ
yearDecided 1992 ⓘ

How these facts were elicited

Referenced by (33)

Full triples — surface form annotated when it differs from this entity's canonical label.

Aboriginal Australians → subjectOf → Mabo v Queensland (No 2) ⓘ
History of New South Wales → significantEvent → Mabo decision ⓘ
linked to: Mabo v Queensland (No 2)
Yorta Yorta v Victoria → relatedTo → Mabo v Queensland (No 2) ⓘ
Sue Smith → wroteFor → Mabo ⓘ
linked to: Mabo v Queensland (No 2)
Mabo v Queensland (No 2) → fullCaseName → Mabo and Others v State of Queensland ⓘ
linked to: Mabo v Queensland (No 2)
Mabo v Queensland (No 2) → relatedTo → Mabo v Queensland (No 1) ⓘ
linked to: Mabo v Queensland (No 2)
Wik decision → relatedCase → Mabo v Queensland (No 2) ⓘ
Murray Island → significantFor → Mabo v Queensland (No 2) ⓘ
Murray Island → legalStatusRecognizedIn → Mabo v Queensland (No 2) ⓘ
Antony Partos → notableWork → Mabo ⓘ
linked to: Mabo v Queensland (No 2)
Aboriginal rights movement in Australia → notableEvent → Mabo v Queensland (No 2) ⓘ
Native Title Act 1993 (Cth) → implements → Mabo v Queensland (No 2) (1992) decision ⓘ
linked to: Mabo v Queensland (No 2)
Native Title Act 1993 (Cth) → relatedToCase → Mabo v Queensland (No 2) (1992) 175 CLR 1 ⓘ
linked to: Mabo v Queensland (No 2)
Anthony Mason → notableWork → Mabo v Queensland (No 2) ⓘ
subject linked to: Sir Anthony Mason
Robert French → notableWork → Mabo v Queensland (No 2) ⓘ
Meriam people → nativeTitleRightsRecognizedIn → Mabo v Queensland (No 2) ⓘ
Meriam people → associatedWithCase → Mabo v Queensland (No 2) ⓘ
Eddie Koiki Mabo → knownFor → Mabo v Queensland (No 2) ⓘ
Eddie Koiki Mabo → legalCase → Mabo v Queensland (No 2) [1992] HCA 23 ⓘ
linked to: Mabo v Queensland (No 2)
Eddie Koiki Mabo → honor → Mabo Day ⓘ
linked to: Mabo v Queensland (No 2)
Eddie Koiki Mabo → commemoratedOn → Mabo Day ⓘ
linked to: Mabo v Queensland (No 2)
David Passi → legalCase → Mabo v Queensland (No 2) ⓘ
James Rice → partyToLegalCase → Mabo v Queensland (No 2) ⓘ
John Toohey → notableWork → Mabo v Queensland (No 2) ⓘ
John Toohey → notableCase → Mabo v Queensland (No 2) ⓘ
John Leslie Toohey → notableWork → Mabo v Queensland (No 2) ⓘ
subject linked to: Toohey
John Leslie Toohey → nativeTitleDecision → Mabo v Queensland (No 2) ⓘ
subject linked to: Toohey
Mason → notableWork → Mabo v Queensland (No 2) ⓘ
Mason → participatedIn → Mabo v Queensland (No 2) ⓘ
Mason → significantEvent → Mabo v Queensland (No 2) decision ⓘ
linked to: Mabo v Queensland (No 2)
Gerard Brennan → notableWork → Mabo v Queensland (No 2) ⓘ
Michael McHugh → notableWork → Mabo v Queensland (No 2) ⓘ
Dunghutti People v Commonwealth of Australia → relatedTo → Mabo v Queensland (No 2) ⓘ