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Essay / Research Paper Abstract
This 5 page paper gives an outline of the Australian landmark case of Mabo and Others V. Queensland (No. 2), which concerned issues of native title and terra nullius. The writer outlines which the facts of the case, the arguments, the decision and the implications following the case. The bibliography cites 5 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEmabo01.rtf
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Unformatted sample text from the term paper:
Mabo and concerns a dispute over native title to land. This case resulted from an early action brought by Eddie Mabo and four other Torres Strait Islanders from the Meriam
people who filed suit for title over the land on which they lived. The Meriam people had been living on islands before any European settled in the area. In
1879 the islands been annexed to Queensland, however in 1882 the islands were reserved as land for the native inhabitants only. There is no argument regarding the fact that Mabo
and others were from the Meriam people who had been living on the land for a significant period of time prior to the arrival of Europeans (Bartlett, 1993). The
case was brought as a result of the Queensland Amendment Act 1982; this was an act that created a system of making land grants on trust for the natives of
the Torres Strait and other aboriginals. This was an act that the inhabitants of Murray Island did not want to accept. As a result they brought a case to the
High Court to claim title over the land on which they were living. In order to try and take the issue out of the jurisdiction of the courts with the
passing of the Queensland Coast Islands Declaratory Act in 1985. This act made a declaration that when the islands were annexed in 1879 ownership was vested in the Crown at
the time of the annexation, and as such it is argued as being vested in the state of Queensland "freed from all other rights, interests and claims whatsoever" (Lexis, 2007).
This act was also brought in with retrospective effect, officially the act was brought in to remove any doubts regarding the status of the title to the islands as a
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