Mabo V State

Mabo and others v State of Queensland (No.2 (1992) HCA 23, is arguably one of the most famous native title claims in Australian history. This case was the first in Australian history to successfully overturn Terra Nullius and essentially led to the creation of the Native Title Act 1993 (Cth) (‘The Act’). Terra nullius means land belonging to no one or land that has never been subject to sovereignty of any state and is a part of International Law. The majority of Indigenous People view terra nullius in a negative way, as this term had been used as a means for justifying invasion or takeovers of traditional land. The result of terra –nullius on ATSI (Aboriginal and Torres Straight Islanders) meant that they have suffered countless wrong doings and injustice towards them.

ATSI were not seen as official Australian citizens according to the law until 1967. This meant the law offered no protection of basic human rights or land rights
The Doctrine of reception made the challenge of proving traditional ownership even more difficult unlike past cases such as the 1971 Gove land rights case. Murray Island was different Murray Island had distinct borders; it also had a mythical God called Malo (pronounced Mare). Malo is the source of Meriam heritage and culture. Malo can be seen as a form of Common Native Law. Land ownership, responsibilities; religious beliefs and ritual dances were all covered within Malo law providing the groundwork of an affective case against the state of Queensland. Malo has existed for as long as the Island and its Native People and was therefore a valid piece of evidence in both Mabo cases. Eddie Mabo was able to prove that land was passed down from father to son, generation to generation thanks to Malos law and tribal