Mabo v Queensland (No 2) [1992]: Redefining Land Rights in Australia

Explore how this landmark High Court decision revolutionised native title rights in Australia, overturning the doctrine of terra nullius and impacting land law for generations, with a focus on its implications for Indigenous communities in New South Wales and Victoria.

Case Summary

This landmark High Court case recognised the native title rights of Indigenous Australians for the first time, rejecting the doctrine of terra nullius. The decision arose from Eddie Mabo’s claim to ownership of land on the Murray Islands in Queensland.

Legal Analysis

The Court found that native title existed under common law where Indigenous people maintained a connection to their land. The decision led to the Native Title Act 1993, creating a framework for resolving land rights claims.

Social Implications

The decision was a turning point in Australia’s reconciliation process, sparking national debates about Indigenous sovereignty and property rights. It faced criticism from some landowners but was a monumental step toward addressing historical injustices.

Continuing Impact

Today, the Mabo decision underpins native title claims across Australia, including in NSW and Victoria, providing Indigenous communities with a legal pathway to reclaim their land.