Mabo v Queensland

The High Court of Australia heard the case of *Mabo v Queensland* (No 2), brought by Eddie Mabo and other Meriam people against the State of Queensland and the Torres Strait Island Regional Council. The dispute concerned the native title rights of the Meriam people to the Murray Islands, challenging the Crown's assertion of absolute beneficial ownership of the land and the extinguishment of all native rights. The plaintiffs sought a declaration that their native title had not been extinguished and that they were entitled to the possession, occupation, use and enjoyment of the Murray Islands.

The central legal issues before the High Court were whether the common law of Australia recognised native title, and if so, whether the Crown's acquisition of sovereignty over Australia had extinguished all native title rights and interests. The Court was required to consider the nature and extent of any native title that might subsist and the circumstances under which such title could be extinguished by the Crown's exercise of its powers.

In its landmark decision, the High Court held that the common law of Australia did recognise native title, which was a form of title that existed at common law prior to the assertion of British sovereignty. The Court reasoned that the doctrine of *terra nullius* was a false and unjust premise upon which British settlement was based, and that the Crown's sovereignty did not automatically extinguish all pre-existing native rights. Instead, native title could only be extinguished by the Crown's clear and unambiguous intention to do so, through legislation or executive act, such as the granting of inconsistent estates in the land. The Court affirmed that native title is a communal title, derived from traditional laws and customs, and that its continued existence depends on the maintenance of those laws and customs.

The High Court declared that the Meriam people were entitled to the possession, occupation, use and enjoyment of the Murray Islands, and that their native title had not been extinguished. The Court remitted the matter to the Supreme Court of Queensland to determine the precise nature and extent of the native title rights and interests of the Meriam people.