Mabo v State of Queensland (No2)

JurisdictionAustralia Federal only
Judgment Date03 June 1992
Neutral Citation1992-0603 HCA F,[1992] HCA 23
Date03 June 1992
CourtHigh Court
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328 cases
5 firm's commentaries
  • Federal Court judgment commentary: Native title
    • Australia
    • Mondaq Australia
    • 31 July 2023
    ...(2004) 28(1) Melbourne University Law Review 28 Peter Butt, Land Law (Thomson Reuters, 6th ed, 2010) B Cases Mabo v Queensland (No 2) (1992) 175 CLR 1 Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia [2023] FCAFC 75 C Legislation Aboriginal Land Rights Act ......
  • Commonwealth Bank of Australia v Barker: High Court closes the door on the invisible trust and confidence term, but will another door then open to something more effective and visible?
    • Australia
    • Mondaq Australia
    • 5 October 2014
    ...exactly a classic example of incremental development in the common law either. The decision of the High Court in Mabo v The Queen (No 2) (1992) 175 CLR 1 in fact totally rejected a long line of common law authority that Australia was "terra nullius" when the British arrived. We all coped wi......
  • Love v Commonwealth; Thoms v Commonwealth [2020] HCA 3
    • Australia
    • Mondaq Australia
    • 18 February 2020
    ...question of his status to the Federal Court.16 Footnotes 1 Commonwealth of Australia Constitution Act 1900 (Cth) (the Constitution). 2 (1992) 175 CLR 1 ('Mabo [No 2]'); Love v Commonwealth; Thoms v Commonwealth [2020] HCA 3 at [71], [268], [289], [298], [350], [373], [451] ('Love v 3 Love v......
  • Migration Matters | Immigration Update May 2023
    • Australia
    • Mondaq Australia
    • 16 May 2023
    ...who are not Australian citizens or permanent residents, and who satisfy the tripartite test as set out in Mabo v Queensland [No. 2] (1992) 175 CLR 1, as a result of the High Court's decision in Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR Eligible individuals will be invited to ......
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118 books & journal articles
  • Native title and the 'acquisition of property' under the Australian constitution.
    • Australia
    • Melbourne University Law Review Vol. 28 No. 1, April - April 2004
    • 1 April 2004
    ...people were compounded by the present-day denial of an otherwise broadly available constitutional right. (1) Mabo v Queensland [No 2] (1992) 175 CLR 1 ('Mabo [No (2) Section 51(xxxi) of the Constitution provides: The Parliament shall, subject to this Constitution, have power to make laws fo......
  • National litigation and international law: repercussions for Australia's protection of marine resources.
    • Australia
    • Melbourne University Law Review Vol. 33 No. 1, April 2009
    • 1 April 2009
    ...of the common law. (96) Dietrich v The Queen (1992) 177 CLR 292, 321 (Brennan J); see also at 360 (Toohey J); Mabo v Queensland [No 2] (1992) 175 CLR 1, 42 (Brennan J). See also Cachia v Hanes (1991) 23 NSWLR 304, 313 (Kirby P); Young v Registrar, Court of Appeal [No 3] (1993) 32 NSWLR 262,......
  • The Development of the High Court's Willingness to Overrule Common Law Precedent
    • United Kingdom
    • Sage Federal Law Review No. 45-2, June 2017
    • 1 June 2017
    ...14 Law in Context: A Socio-Legal Journal 81, 82–3. 133 (1988) 165 CLR 107. 134 Ibid 123–4 (Mason CJ and Wilson J), 172 (Toohey J). 135 (1992) 175 CLR 1. 136 Ibid 109 (Deane and Gaudron JJ). 137 Ibid 48 (Brennan J), 1 09 (Deane and Gaudron JJ), 182 (Toohey J). Mason CJ and McHugh J agreed wi......
  • Judicial Review of Non-Statutory Executive Powers
    • United Kingdom
    • Sage Federal Law Review No. 31-3, September 2003
    • 1 September 2003
    ...3 [9]–[13]; see also New South Wales v Commonwealth ('Seas and Submerged Lands Case') (1975) 135 CLR 337, 388; Mabo v Queensland (No 2) (1992) 175 CLR 1, 31–2. Further, the executive can provide the courts with statements or certificate which are treated as conclusive evidence on certain qu......
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