LLB 100 Lecture Notes - Lecture 10: Terra Nullius, Allodial Title, Milirrpum V Nabalco Pty Ltd
Document Summary
7 mason cj, brennan, deane, dawson, toohey, gaudron and mchugh jj. Mabo argued native title to the land based on his ongoing connection to the land. They argued that they had a pre-existing, traditional title and customary rights to occupy and use the land. Plaintiffs argued that according to their customary laws they have the right to continue using their land. Their sovereignty and subsequent ownership over the land. They rejected the traditional doctrine that terra nullius existed at the time of settlement. Two forms of settlement: occupied or unoccupied land terra nullius applied to both forms to england the high court decided this generalisation was too harsh. What did the hc say about relationship between crown sovereignty and land rights of the. Radical title gives the crown the right to grant or extinguish rights to land. Native title rights pre-date radical title, however native title only continued until valid exercise of radical title.
