Mabos Case

Question 1

What document would he file?

Answer 1

Writ, statement of claim

Question 2

Which court would here the case?

Answer 2

The high court- Its a dispute where a state govt is a party.

Question 3

When was the writ filed?

Answer 3

A writ was filed in 1982, to the high court.

They claimed traditional ownership of the land, and challenged the decision of Terra Nullius.

Question 4

What happened in 1986

Answer 4

Chief Justice Gibbs of the high court ordered that the surprem court here the case.
13/10/86 Mabo was examined by the QLD lawyers for ten days.

Question 5

What are the key legal arguments

Answer 5

• Terra Nullius
• The Plaintiffs had to fight two entrenched principals of the Australian Legal System
• Sovereignty over all the land (the idea that the government owns all the land.

Question 6

The QLD courts decisions

Answer 6

The QLD court denied Mabos claims, this was hard for him as it was 8 years since he filed the writ, and 4 years since he sat in the witnesses box.

Question 7

The high courts decision

Answer 7

By a majority of 6:1 the high court found that the indigenous people had a right to the land, and that Terra Nullius was not right.