The "rejection of terra nullius" in Mabo: a critical analysis

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Ritter, David

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University of Western Australia

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In Mabo and Others v State of Queensland (no. 2)4 decided in November 1992, a six member majority of the Australian High Court held that the indigenous inhabitants of the Murray islands were entitled, as against the whole world, to possession, occupation, use and enjoyment of the lands of the Murray islands. In reaching their conclusions the majority held that, under Australian common law, a form of native title existed, where applicable, as a burden upon the Crown's ultimate title to all Australian land.

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