Eddie Mabo Flashcards
Why was he exiled from Murray island?
Because he was accused of being drunk and having a relationship with a young woman
Where did Eddie go after he was exiled?
He went to work on a pearling boat
This is when he realised islanders were payed less then white
Where did Eddie go after the pearling?
He became a Gardner at James Cook uni
Who did he meet at James Cook uni?
Henry Reynolds
When did he realise his people didn’t legally own their land?
In discussion with Henry Reynolds he realised
When was a statement of claim lodged?
- A statement of claim against qld was lodged on behalf of the five plaintiffs. They claimed customary ownership and challenged the doctrine of terra nullius
Who did Mabo receive help from?
The commonwealth gov with a $50000 grant. Lawyers also worked for nothing
When did proceedings commence in the Supreme Court?
1986
What was the decision handed down in the Supreme Court
He found Mabos claims were denied
When did the final court hearings in the high court conclude?
1991
When and what was the decision of the high court?
1992- the decision was announced
The decision said that under Aus law, indigenous people have rights to land, these rights had existed before colonisation and still exist(native title)
When was the native title act passed?
1993
What is the ratio decedendi
The principle of terra nullius had been incorrectly applied, as Australia had never been an empty land, and so the British were wrong to use it as the legal basis for their occupation of the land.
What is native title?
Legal recognisant ion of traditional indigenous land occupation and usage in countries where British colonisation occurred.
How is native title determines?
By the ongoing relationship with the land
