LLB101 Lecture Notes - Lecture 1: Terra Nullius, Judiciary Of Australia, Separation Of Queensland
Document Summary
Australia was colonised by great britain in 1788. Was australia settled (people arrive and build a colony), conquered (strife or war/resistance) or ceded (treaty agreed upon between people arriving and people already there). These are the three recognised categories on colonisation. Decided as settled (as a matter of law: mabo v qld (no. The high court decision in mabo held that australia was not terra nullius, but: The british crown (sovereign body) still acquired sovereignty/ownership and the right to parcel out the lan, without indigenous people"s consent. Australia is still classed as settled from the point of view of international law: hence, no traditional law is directly enforceable in australian courts. Indigenous ownership of land ( native title ) may still be recognised, by the common law. Traditional indigenous law still operates, in many places, as a matter of fact. It is also sometimes taken into account by the australian legal system (e. g. in sentencing)
