70102 Lecture Notes - Lecture 4: Case Citation, Headnote, Native Title Act 1993
Seminar 4 – Development of Anglo-Australian Law II:
Sovereignty to Native Title
Questions, In class:
1. Provide a case citation for Mabo [no2] – make sure this citation is to the authorised
report series
- Mabo [no2] (1992) 175 CLR 1
- 175 = volume
- CLR = Commonwealth Law Reports
A source of native title exists In common law and it is founded on the basis of continued
connection with land
Policy as more political
Elizabeth Ellis, Principles and Practice of Australian Law (Thomson Reuters, 3rd ed, 2013)
[2.60]-[2.82].
2.61 Sovereignty
- Not really sovereign for indigenous people. Australia merely broke from its parent sovereign.
2.62 Mabo
- Mabo recognised their right to native title in relation to land.
- 6:1 majority Blackburn J dissenting
Found:
- Native title exists at common law
- Source of native title is traditional connection to, or occupation of, land
2.63 Reporting of Cases
- Head ote useful to gie reporter’s suar of fats ut ot alas fatual as the are ofte
written by law students.
- Name of court, then parties and name of case, judges, date of judgement, catchwords, and
a headnote
2.64 The response to Mabo
- a lot of misinformed fearmongering a misinformation campaign that people would lose their
homes (land law would say that we have a feasible interest in owning property and therefore
ould’t/ fee su)
2. Mao’s Pratial effet
-Mabo was cautious and pragmatic
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Document Summary
Seminar 4 development of anglo-australian law ii: Questions, in class: provide a case citation for mabo [no2] make sure this citation is to the authorised report series. A source of native title exists in common law and it is founded on the basis of continued connection with land. Elizabeth ellis, principles and practice of australian law (thomson reuters, 3rd ed, 2013) Mabo recognised their right to native title in relation to land. Source of native title is traditional connection to, or occupation of, land. Head (cid:374)ote useful to gi(cid:448)e reporter"s su(cid:373)(cid:373)ar(cid:455) of fa(cid:272)ts (cid:271)ut (cid:374)ot al(cid:449)a(cid:455)s fa(cid:272)tual as the(cid:455) are ofte(cid:374) written by law students. Name of court, then parties and name of case, judges, date of judgement, catchwords, and a headnote. A lot of misinformed fearmongering a misinformation campaign that people would lose their homes (land law would say that we have a feasible interest in owning property and therefore (cid:449)ould(cid:374)"t/ fee su(cid:373))
