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 (5)

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 Patrick Deane
surface form: William Deane
citation (1992) 175 CLR 1
[1992] HCA 23
country Australia
court High Court of Australia
dateDecided 1992-06-03
defendant Queensland
surface form: State of Queensland
dissentingJudges Dawson
fullCaseName Mabo v Queensland (No 2) self-linksurface differs
surface form: Mabo and Others v State of Queensland
geographicalFocus Murray Island
surface form: Murray Islands, Torres Strait
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 2) self-linksurface differs
surface form: Mabo v Queensland (No 1)

Native Title Act 1993 (Cth)
surface form: Native Title Act 1993
subjectMatter land rights of the Meriam people of the Murray Islands
yearDecided 1992

How these facts were elicited

Referenced by (7)

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 v Queensland (No 2)
this entity surface form: Mabo decision
Yorta Yorta v Victoria relatedTo Mabo v Queensland (No 2)
Sue Smith wroteFor Mabo v Queensland (No 2)
this entity surface form: Mabo
Mabo v Queensland (No 2) fullCaseName Mabo v Queensland (No 2) self-linksurface differs
this entity surface form: Mabo and Others v State of Queensland
Mabo v Queensland (No 2) relatedTo Mabo v Queensland (No 2) self-linksurface differs
this entity surface form: Mabo v Queensland (No 1)
Wik decision relatedCase Mabo v Queensland (No 2)