Major developments in recent history in regards to native title have been the court’s decisions in the Mabo case (1992) and the Wik case (1993). The Mabo case (1992) was brought about by Eddie Mabo and a group of Torres Strait Islanders who took the S

An area of concern with native title was the issue of compensation. Under common law Non-Aboriginal Australians have had the right to compensation for the acquisition of their land by the crown. In the past such compensation has never been offered to indigenous Australians. It was the decision of the Court in the Mabo case that no Aborigines will be entitled to compensation for any land acquisitions by the crown before 1975. That only some Aboriginal native title holders may be entitled to compensation for such acquisitions of some of their lands since 1975, the year the Racial Discrimination Act was passed by the Commonwealth Parliament.

The challenge is to achieve equality. Mary Gaudron, one of the High Court Judges in the Mabo case suggests that, ‘the modern application of the doctrine of equality, particularly in relation to Aborigines, demands that we confront ourselves, confront our preconceptions and our prejudices; it demands that we know ourselves.’ All the injustice that has occurred in the past 200 years by the failure of our laws to protect Aboriginal land rights cannot be amended in a short time. Cases such as Mabo and Wik have set Australia in a new direction. It’s as if Australia started off on the wrong path in 1788 and Mabo set a new direction to nationhood in 1992. However, we have a long way to go before we are a reconciled nation.

Over the past decade, governments and the High Court are just starting to judge earlier legislation but ultimately native title claims need to be settled in court. One thing is clear the recognition of Aboriginal law and native title has not facilitated the pursuit of a separate sovereignty in Australian courts. Even with the rejection of terra nullius, Australia was still settled as a colony by a State under international law. With this in mind Australia has the opportunity to become a great nation if Australia's Indigenous people 'freely consent to make their ancestors' occupation of Australia available as a basis for the nation to assert its sovereignty.'

Some topics in this essay:
Queensland Court, Title Act, It’s Australia, Mabo Wik, Judges Mabo, Court Mabo, Justice Brennan, Australia Australia, native title, Joseph Banks, Mabo Aborigines, indigenous australians, common law, native title act, land rights, title act, terra nullius, wik decision, act 1993, mabo 1992, wik 1993, title act 1993, native title court, 1992 wik 1993, racial discrimination act,