... the continent and Tasmania was taken on 7 February 1788 when Captain Phillip's commission was read. In the legal theory of the formative years, the land known as Terra Australis or Terra Incognito was regarded as 'terra nullius' - a territory belonging to no one. According to that doctrine, the colony was 'desert and uncultivated', a term which includes 'territory in which live uncivilised inhabitants in a primitive state ... law which was not to be questioned upon a reconsideration of the historical facts, although these facts have been found to be at variance with the legal doctrine t...

• Word Count: 2257
• Approx Pages: 9
• Grade Level: Undergraduate

Introduction The British colonists declared that before their arrival to Australia, the entire continent was terra nullius (uninhabited by humans). British colonists used this as justification for taking whatever they wanted. As a large amount of white settlers moved into Australia they began to occupy the fertile land. ... development of Australian democracy, represented a backward step for Aboriginal Australians. The exclusion of indigenous Australians from the governance of themselves and the nation did not end with the Constitution and terra nullius. It was reinforced by the national Par...

• Word Count: 3196
• Approx Pages: 13
• Grade Level: Undergraduate

... and the land has alienated them from their spiritual need of their life, the Dreaming. In 1788 Captain Arthur Phillip sailed into the shores of Australia. He claimed the land terra nullius, an empty or uncivilised land. The Europeans believed that they had rights to the land, as the aborigines did not use the land for farming or housing. During white settlement ... system. The most common case and the case that rewrote the Australian common law was Mabo. The Meriam people led by Eddie Mabo were on a crusade to overturn the doctrine Terra Nullius. The Mabo case went to the High Court and...

• Word Count: 1002
• Approx Pages: 4
• Grade Level: Undergraduate

... and traditions such as corroborees and initiations be practised and no longer could Sacred Sites be visited. In 1788, Captain Cook claimed the newfound land of Australia, and declared it "Terra Nullius"." This meant that the land belonged to no one and therefore give him the right to posses the land and establish a colony. When the Europeans regarded the Aboriginals as inferior ... fully restored. Mabo was the first Aboriginal man to win a court case concerning land rights issues. In 1993, the Native Title Act was established that recognised that Australia was not "Terra Nullis " at the...

• Word Count: 1408
• Approx Pages: 6
• Grade Level: Undergraduate

... to recognise and apply the evolving values of contemporary society. The Mabo judgement is the basis of the "native title" rights to land of indigenous Australians. The legal principle of terra nullius was overturned by the decision. This also overturned with it 200 years of political and legal history of Australia, by proving that the British settlers did not own the land ... ...

• Word Count: 1774
• Approx Pages: 7
• Grade Level: Undergraduate