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)
| Label | Occurrences |
|---|---|
| Mabo v Queensland (No 2) canonical | 3 |
| Mabo | 1 |
| Mabo and Others v State of Queensland | 1 |
| Mabo decision | 1 |
| Mabo v Queensland (No 1) | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T2239145 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Mabo v Queensland (No 2) Context triple: [Aboriginal Australians, subjectOf, Mabo v Queensland (No 2)]
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A.
Uluru Statement from the Heart
The Uluru Statement from the Heart is a landmark 2017 declaration by Aboriginal and Torres Strait Islander leaders calling for a First Nations Voice to Parliament enshrined in the Australian Constitution and a process of truth-telling and agreement-making.
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B.
Yirrkala bark petitions
The Yirrkala bark petitions are historic 1963 documents created by Yolngu elders on painted bark, recognized as the first traditional Aboriginal artworks used to assert Indigenous land rights in the Australian Parliament.
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C.
Cummeragunja walk-off
The Cummeragunja walk-off was a landmark 1939 protest in which Yorta Yorta people left the Cummeragunja Mission in New South Wales to resist oppressive government control and demand better living conditions and rights.
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D.
Crown in right of Papua New Guinea
The Crown in right of Papua New Guinea is the legal embodiment of the state’s authority and sovereignty as vested in the monarch within Papua New Guinea’s constitutional monarchy system.
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E.
Standard of the Governor of New South Wales
The Standard of the Governor of New South Wales is the official personal flag used to represent the governor’s authority and presence within the Australian state of New South Wales.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Mabo v Queensland (No 2) Target entity description: 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.
-
A.
Uluru Statement from the Heart
The Uluru Statement from the Heart is a landmark 2017 declaration by Aboriginal and Torres Strait Islander leaders calling for a First Nations Voice to Parliament enshrined in the Australian Constitution and a process of truth-telling and agreement-making.
-
B.
Yirrkala bark petitions
The Yirrkala bark petitions are historic 1963 documents created by Yolngu elders on painted bark, recognized as the first traditional Aboriginal artworks used to assert Indigenous land rights in the Australian Parliament.
-
C.
Cummeragunja walk-off
The Cummeragunja walk-off was a landmark 1939 protest in which Yorta Yorta people left the Cummeragunja Mission in New South Wales to resist oppressive government control and demand better living conditions and rights.
-
D.
Crown in right of Papua New Guinea
The Crown in right of Papua New Guinea is the legal embodiment of the state’s authority and sovereignty as vested in the monarch within Papua New Guinea’s constitutional monarchy system.
-
E.
Standard of the Governor of New South Wales
The Standard of the Governor of New South Wales is the official personal flag used to represent the governor’s authority and presence within the Australian state of New South Wales.
- F. None of above. chosen
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 ⓘ |
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Subject: Mabo v Queensland (No 2) Description of subject: 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.
Referenced by (7)
Full triples — surface form annotated when it differs from this entity's canonical label.